P. v. Swain CA2/11
Defendants and appellants Tyrone Swain and Todd Stroud appeal from orders summarily denying their petitions to vacate their second degree murder convictions and be resentenced pursuant to Senate Bill No. 1437 (S.B. 1437), which added section 1170.95 to the Penal Code. Section 1170.95 provides that if defendants previously have been convicted of murder under the felony-murder rule or the natural and probable consequences doctrine and qualify for relief, the statute permits them to petition to vacate the convictions and obtain resentencing on any remaining counts.
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