P. v. Love CA4/1
In 1983, David Love pleaded guilty to one count of second degree murder. As the factual basis for his plea, Love acknowledged he and two accomplices entered a residence with the intent to steal; they struggled with the occupant; and the occupant died as a proximate result of injuries inflicted during the struggle. The trial court sentenced Love to 15 years to life.
In 2019, Love filed a petition for resentencing under newly enacted Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437), which narrowed the circumstances under which an individual can be convicted under the felony-murder rule (Pen. Code, §§ 188, 189) and provides a mechanism for resentencing of individuals whose convictions would not meet the new standard (§ 1170.95).
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