Is Relief Under SB1437 Automatic? Must One Ask for It?

Resentencing under Senate Bill 1437 is not automatic. One who believes he or she is eligible must file a petition for resentencing which is then reviewed by a judge and if a “prima facie” case is established, then counsel, if not retained already by defendant, is appointed if requested. The prosecution can then file an opposition to the resentencing petition, to which defendant can file a reply to respond to the prosecution’s opposition. To read more about resentencing under the new felony murder rule, please click on the following link –

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