P. v. Banks CA5
Defendant Nathan Banks, Sr., was convicted of special-circumstance murder during the commission of a residential burglary and robbery and sentenced to life without the possibility of parole. He filed a petition for resentencing, pursuant to Penal Code section 1170.95, based upon the changes to the felony-murder rule and the natural and probable consequences doctrine of aider and abettor liability effectuated by Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437). The trial court dismissed his petition, concluding that Senate Bill 1437 was unconstitutional. On appeal, defendant contends the trial court’s decision was error. The People disagree, but the Attorney General has filed an amicus brief in support of defendant’s position. We agree with defendant. Accordingly, we reverse the order and remand this matter for further proceedings pursuant to section 1170.95.
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