SB 1437

Name: People v. Del Rio (2023) 94 Cal.App.5th 47
Case #: D080369
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/02/2023
  • Categories: 1172.6(d)(3) Hearing, Procedures, Resentencing, SB 1437

In petitioner’s Penal Code section 1172.6 proceedings, trial court violated his due process rights by redesignating murder convictions as a robbery without notice and opportunity to be heard. Del Rio, convicted of two first degree murders in 1978, filed a…

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Name: People v. Vance
Case #: E079750
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/07/2023
Subsequent History: Opn. modified 8/29/2023
  • Categories: 1172.6(d)(3) Hearing, SB 1437

When an appellate opinion is admitted at a Penal Code section 1172.6(d)(3) hearing without objection, the facts it recites constitute substantial evidence on which the trial court can rely. Vance’s section 1170.95 (now 1172.6) petition for resentencing in his first…

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Name: Estrada v. Superior Court (2023) 93 Cal.App.5th 915
Case #: B325769
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 07/21/2023
  • Categories: Procedures, SB 1437

The hearing required in Penal Code section 1172.6(d)(3) after reversal and remand is not a “new trial” under Code of Civil Procedure section 170.6, and therefore the petitioner is not entitled to a postappeal peremptory challenge of the judge who…

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Name: People v. Antonelli (2023) 93 Cal.App.5th 712
Case #: B321947
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/18/2023
  • Categories: Provocative Act Murder, SB 1437

A defendant convicted of provocative act murder is not eligible for Penal Code section 1172.6 relief as a matter of law. In 1991, defendant and two cohorts planned an armed robbery of a party. Members of the party defended themselves…

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Name: People v. Pickett (2023) 93 Cal.App.5th 982
Case #: B320892
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 06/29/2023
Subsequent History: Ordered published 7/24/2023
  • Categories: Prima Facie Stage, SB 1437

Under Penal Code section 1172.6, where the People introduce without objection uncontroverted evidence from the preliminary hearing transcript that the defendant acted alone, and the defendant does not put forth any factual or legal theory in support of his petition,…

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Name: People v. Garcia (2023) 93 Cal.App.5th 416
Case #: B317896
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 07/11/2023
  • Categories: Felony Murder, SB 1437

Although petitioner’s jury rejected a robbery-murder special circumstance, he was not entitled to the streamlined process of resentencing provided in Penal Code section 1172.6(d)(2) because he could be convicted under another valid theory of murder liability. In 1995, Garcia accompanied…

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Name: People v. Arnold (2023) 93 Cal.App.5th 376
Case #: B321031
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 07/11/2023
  • Categories: 1172.6(d)(3) Hearing, Collateral Estoppel, SB 1437

Trial court erred in denying defendant’s Penal Code section 1170.95 (now 1172.6) resentencing petition after finding he could still be convicted of murder for stabbing the victim, because the jury’s not true finding on a knife use allegation precluded this…

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Name: People v. Madrigal (2023) 93 Cal.App.5th 219
Case #: H046577
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 07/06/2023
  • Categories: Discovery, Felony Murder, Murder--Banks/Clark, Murder--Felony Murder, SB 1437

Retroactive application of Senate Bill No. 1437 entitled defendant to reversal of first degree murder conviction, where the jury was not instructed on the new elements of felony-murder. Madrigal was among a group of four or five men who got…

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Name: People v. Campbell (2023) 92 Cal.App.5th 1327
Case #: A162472, A162488, A162623, A163277
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 06/30/2023
  • Categories: AB 333 (Gangs), Gang Enhancement, Gang Murder Special Circumstance, Prima Facie Stage, SB 1437

Trial court erred by denying defendants’ Penal Code section 1172.6 petitions at the prima facie stage based on the jury’s intent to kill findings in the special circumstances verdicts. Anthony, Campbell, Flowers, and Price were convicted of first degree murder…

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Name: People v. Cody (2023) 92 Cal.App.5th 87
Case #: G060218
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 05/11/2023
Subsequent History: Ordered published 5/31/2023
  • Categories: 1172.6(d)(3) Hearing, Felony Murder, SB 1437

ordered published 5/31/2023 The trial court properly relied on trial transcripts at the Penal Code section 1172.6 evidentiary hearing. In 2012, a jury found Cody and a codefendant guilty of murder during a home invasion burglary/robbery and found true a…

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