P. v. Perez CA2/1
Penal Code section 1170.95 permits resentencing of petitioners who could no longer be convicted of murder because of changes to sections 188 and 189 that became effective January 1, 2019. The changes to sections 188 and 189 have no impact on a defendant who was convicted as the actual killer. As People v. Nash explained: “The Legislature declared . . . that it was necessary to ‘amend the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.’ ” (People v. Nash (2020) 52 Cal.App.5th 1041, 1055, italics added.)
The trial court denied petitioner Jose Luis Perez’s section 1170.95 petition for resentencing at the prima facie stage. The trial court concluded that Perez was ineligible for resentencing because he
Comments on P. v. Perez CA2/1