P. v. Rosa CA5
Defendant Antonio Rosa, Jr., was convicted by jury trial of first degree murder, attempted robbery, and robbery. Defendant was prosecuted on an aider and abettor theory of felony murder. Defendant 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 summarily denied defendant’s petition. On appeal, defendant contends the trial court’s summary denial was error and the People agree. We reverse the order and remand the matter for further proceedings pursuant to section 1170.95.
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