P. v. Gonzalez CA3
While defendant Armando Arias Gonzalez was serving a life sentence for second degree murder, the Legislature enacted Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437) (Stats. 2018, ch. 1015, §§ 1-4), which amended the law governing murder liability under felony-murder and natural and probable consequences theories and provided a new procedure under Penal Code section 1170.95 for eligible defendants to petition for recall and resentencing.
Defendant filed a petition for resentencing under section 1170.95, which the trial court denied on constitutional grounds without reaching the merits of his petition. Defendant appealed and we reversed, finding Senate Bill 1437 did not unconstitutionally amend various propositions or judicial doctrines. (People v. Gonzalez (Oct. 28, 2020, C090219) [nonpub. opn.].) We remanded the matter for further proceedings under section 1170.95.
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