P. v. Birelas CA6
We resolve this case by memorandum opinion under California Standards of Judicial Administration, Title 8, Standard 8.1. (See also People v. Garcia (2002) 97 Cal.App.4th 847, 853–855.)
Defendant Moises Birelas was convicted of first degree murder in 2007. The jury found true a felony murder special circumstances allegation that Birelas was a major participant in an attempted robbery causing the victim’s death and acted with reckless indifference to human life. He was sentenced to life without the possibility of parole.
In 2019, Birelas petitioned for resentencing under Penal Code section 1170.95, which allows a defendant convicted of murder on a theory of imputed malice (such as felony murder) to be resentenced consistent with recently enacted changes in the law. (See Sen. Bill No. 1437, eff. Jan. 1, 2019, redefining “malice” as required for murder by Penal Code section 188 to exclude imputed malice.) (Stats. 2018, ch. 1015, § 1, subd. (f).)
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