P. v. Duke CA2/1
In an unpublished opinion, we reversed the first degree murder conviction (Pen. Code, §§ 187, 189) of defendant and appellant Jonathan Duke. (People v. Duke (Jan. 17, 2017, B264579).) We offered the prosecution the option either to retry Duke for first degree murder, or to accept a modification of the judgment to reflect a conviction for second degree murder. (See People v. Thomas (2013) 218 Cal.App.4th 630, 647 [“ ‘ “An appellate court is not restricted to the remedies of affirming or reversing a judgment. Where the prejudicial error goes only to the degree of the offense for which the defendant was convicted, the appellate court may reduce the conviction to a lesser degree and affirm the judgment as modified, thereby obviating the necessity for a retrial.” ’ ”].) The prosecution chose the latter option, and the trial court resentenced Duke to 15-years-to-life in prison.
Comments on P. v. Duke CA2/1