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Name: People v. Burhop
Case #: E076057
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/04/2021

Court order vacating second degree murder conviction pursuant to Penal Code section 1170.95 is and void for lack of subject matter jurisdiction because it was made before the remittitur had issued from prior appeal. In 2001, Burhop was convicted of first degree murder and premeditated attempted murder. On appeal (Burhop I), the court concluded that substantial evidence supported the convictions under the natural and probable consequences doctrine. In 2015, the first degree murder conviction was reduced to second degree murder. In 2019, Burhop's petition for resentencing pursuant to section 1170.95 was denied on the ground Senate Bill No. 1437…

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