P. v. Olayo CA6
In 2005, a jury convicted petitioner David Armaro Olayo of first degree felony murder (Pen. Code, § 187, subd. (a)), robbery (§§ 211, 212.5), and burglary (§§ 459, 460, subd. (a)) and found true various sentence enhancements. The superior court sentenced petitioner to 25 years to life.
In 2019, petitioner filed a petition for resentencing pursuant to section 1170.95, which was enacted by the Legislature through its passage of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (S.B. 1437). (Stats. 2018, ch. 1015, § 4.) Section 1170.95 allows individuals convicted of felony murder or murder under the natural and probable consequences doctrine to petition the superior court to vacate the conviction under recent changes to the law. After briefing and argument by the parties, the superior court denied the petition, determining that S.B. 1437 was unconstitutional and that petitioner had failed to state a prima facie case for relief.
Petitioner contends that the superior court erred when it
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