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Name: People v. Fouse (2024) 98 Cal.App.5th 1131
Case #: F085131
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 01/18/2024

Where defendant’s attempted murder convictions were vacated under Penal Code section 1172.6, and the target offense of robbery was charged, subdivision (d)(3) required the trial court to resentence defendant on the remaining charges rather than redesignating her convictions as other offenses under subdivision (e). In 2006, a jury convicted defendant of two counts of attempted murder of a peace officer, three counts of first degree robbery, one count of assault likely to cause great bodily injury, and one count of conspiracy to commit first degree robbery. Defendant, who was the getaway driver, petitioned for resentencing under section 1172.6 and was…

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Name: People v. Maldonado
Case #: A161817
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 01/30/2023

Trial court erred in summarily denying Penal Code section 1172.6 resentencing petition where the instructions given permitted conviction based on an impermissible theory of imputed malice. Defendant was convicted of first degree murder in 2013 and later filed a section 1172.6 resentencing petition. Although the jury in his trial was not instructed on the natural and probable consequences and felony murder doctrines, he argued the jury nonetheless could have imputed malice to him based solely on his participation in a crime. The trial court summarily denied the petition. Held: Reversed and remanded. After analyzing the jury instructions for aiding and…

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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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Name: People v. Thomas
Case #: B298946
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 05/28/2021

Defendant who was convicted of felony murder before the effective date of Senate Bill No. 1437, but not sentenced until after the law took effect, was entitled to the retroactive benefits of changes in the murder law on direct appeal. Thomas was convicted of murder and other offenses based on a gang-related shooting. Prior to sentencing, he made a motion for a new trial based on SB 1437's changes to the murder law. His motion was denied. On appeal, he argued the motion was wrongly denied because SB 1437 took effect prior to his sentencing and rendered his felony murder…

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Name: People v. Aleo
Case #: F080005
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 05/27/2021

When determining whether a defendant has established a prima facie case under Penal Code section 1170.95, the trial court should assume all facts stated in the petition are true, and the trial court should not evaluate the credibility of the petition's assertions, unless the assertions are untrue as a matter of law. Aleo and a codefendant were found guilty of murder during commission of an armed burglary and robbery in 1982. The jury found true that Aleo was armed with a firearm and his codefendant personally used a firearm. In 2019, Aleo submitted a petition for resentencing pursuant to section…

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Name: People v. Gentile
Case #: S256698
Court: CA Supreme Court
District CalSup
Opinion Date: 12/17/2020

Opinion By: Justice Liu (unanimous decision)
Senate Bill No. 1437, which amended the natural and probable consequences doctrine as it relates to murder, bars a conviction for second degree murder under that theory. Gentile was convicted of first degree murder for the beating death of Saavedra. The Court of Appeal reversed his murder conviction after finding that the natural and probable consequences jury instruction for first degree murder violated People v. Chiu (2014) 59 Cal.4th 155. On remand, the prosecution accepted a reduction to second degree murder. During his second appeal, Gentile argued that SB 1437, which amended the…

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Name: People v. Turner
Case #: D075788
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/19/2020

A defendant who faced murder liability under the natural and probable consequences doctrine, but pleaded guilty to manslaughter in lieu of trial, is not eligible for resentencing under Penal Code section 1170.95 (SB 1437). In 2005, Turner and two codefendants got in a physical altercation with the victim. One of the codefendants pulled out a handgun, and shot and killed the victim. All three were charged with first degree murder. Turner pleaded guilty to voluntary manslaughter. In 2019, Turner filed a petition pursuant to section 1170.95 seeking to vacate his voluntary manslaughter conviction. The trial court denied the petition.…

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Name: People v. Paige
Case #: A157494
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 06/25/2020

Relief pursuant to Penal Code section 1170.95 is not available to defendants who were charged with murder but convicted of voluntary manslaughter under a plea agreement. Paige filed a petition requesting that his manslaughter conviction be vacated based on the changes to the law of murder made by SB 1437. He argued that he accepted a plea offer in lieu of a murder trial, and that he could not now be convicted of murder after SB 1437 invalidated the natural and probable consequences and felony murder doctrines. The trial court denied the petition, because Paige, although charged with felony murder,…

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Name: People v. Sanchez
Case #: E072647
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 05/07/2020

Penal Code section 1170.95 relief is not available to those offenders who pleaded guilty to voluntary manslaughter and the statute does not violate equal protection principles. In 2010, Sanchez was charged with first degree murder but he ultimately pleaded guilty to voluntary manslaughter. In 2019, he petitioned for resentencing under section 1170.95. The trial court denied the petition, concluding section 1170.95 provides relief for murder convictions only. Sanchez appealed. Held: Affirmed. Sanchez argued that section 1170.95, subdivision (a)(2) contained an ambiguity that must be interpreted in his favor to avoid surplusage. Moreover, he argued legislative intent supported interpreting section 1170.95…

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Name: People v. Flores
Case #: D075826
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 02/03/2020

A person charged with murder and convicted of voluntary manslaughter pursuant to a plea agreement cannot invoke the resentencing provision of SB 1437. In 2013, Flores and codefendants were charged with the murder of John Doe during the commission of a robbery. Flores pleaded guilty to voluntary manslaughter as part of plea agreement. In 2019, the trial court denied her petition for resentencing under SB 1437, finding the resentencing provision (Pen. Code, § 1170.95) was available only to qualifying persons convicted of murder, not voluntary manslaughter. Flores appealed. Held: Affirmed. SB 1437 was enacted for the express purpose of amending…

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