P. v. Logan CA2/7
Gregory Logan, convicted in 1990 of first degree murder and second degree robbery, appealed the superior court’s order denying his petition for resentencing under Penal Code section 1170.95 after the court found he could still be convicted of murder notwithstanding the changes to the definition of the crime effected by Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Stats. 2018, ch. 1015) (Senate Bill 1437). We reversed the order and remanded the case for a new evidentiary hearing, agreeing with Logan that the court appeared to have applied an incorrect standard of proof and, in addition, failed to find he acted during the robbery with reckless indifference to human life within the meaning of People v. Banks (2015) 61 Cal.4th 788 (Banks) and People v. Clark (2016) 63 Cal.4th 522 (Clark), as now required to be convicted of felony murder under section 189, subdivision (e)(3).
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