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Name: In re Contreras
Case #: F078975
Opinion Date: 12/13/2022
Attorney: Rebecca P. Jones

In light of People v. Strong (2022) 13 Cal.5th 698, the Court of Appeal reversed the denial of the appellant’s petition for resentencing under Penal Code section 1172.6. The denial, which was done without appointment of counsel or opportunity for briefing, was based on the jury findings that the appellant was a major participant in the underlying felony and acted with reckless indifference to human life. However, those findings were rendered years before the California Supreme Court clarified the law of felony murder liability in People v. Banks (2015) 61 Cal.4th 788 and People v. Clark (2016) 63 Cal.4th 522. The court remanded the matter with directions for the trial court to appoint counsel to represent the appellant, issue an order to show cause, and hold an evidentiary hearing pursuant to Penal Code section 1172.6, subdivision (d).