P. v. Strong CA1/3
In 2015, appellant Jovan Strong was sentenced to 25 years to life in prison after a jury found him guilty of first degree murder (Pen. Code, § 187, subd. (a)) for his involvement in the robbery of a convenience store during which his cousin, Diovanni Whitmire, shot and killed the store clerk.
In 2018, the Legislature enacted Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437), which amended the felony murder rule “to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life” (Stats. 2018, ch. 1015, § 1, subd. (f)), and added section 1170.95 to provide a procedure for vacating prior murder convictions that could not be sustained under the new definition of felony murder.
In 2019, appellant filed a petition under the new law to have his murder conviction vacated.
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