P. v. Caldwell CA2/11
Penal Code section 1170.95 (section 1170.95) permits resentencing defendants convicted of felony murder or natural and probable consequences murder, but not defendants who (with malice aforethought) are a murder victim’s “actual killer.” (People v. Cornelius (2020) 44 Cal.App.5th 54, 58, review granted Mar. 18, 2020, S260410.) We consider whether the trial court correctly concluded defendant Cornelius Caldwell (defendant) was ineligible for section 1170.95 relief because he is an actual killer.
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