P. v. Sabados CA2/7
Donald Leon Sabados pleaded guilty in 1983 to first degree murder based on his participation in a robbery and burglary during which the victim died of a heart attack. In response to his petition for a writ of habeas corpus in 1991, Sabados’s offense was modified to second degree murder and his sentence reduced from 25 years to life to 15 years to life. In November 2020 the superior court denied Sabados’s petition for resentencing pursuant to Penal Code section 1170.95 without holding an evidentiary hearing, finding Sabados had failed to make a prima facie case for relief because the facts in the record of conviction established he could still be found guilty of first degree murder pursuant to section 189, subdivision (e)(1) and (3), as amended by Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Stats. 2018, ch. 1015) (Senate Bill 1437).
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