Skip to content
Name: People v. Ellis
Case #: C092613
Opinion Date: 01/03/2023
Attorney: Joshua Lee Siegel

The Court of Appeal agreed with the parties that the denial of the appellant’s petition for resentencing under Penal Code section 1172.6 must be reversed in light of People v. Strong (2022) 13 Cal.5th 698. The denial was based on the jury findings that the appellant was a major participant who acted with reckless indifference to human life while engaged in the commission of felonies, which resulted in the killing for which he was convicted. However, those findings were rendered years before the 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.