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 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.
Name: People v. Gaytan
Case #: F079141
Opinion Date: 11/29/2022
Attorney: Michelle May Peterson