SB 1437: Unconstitutional by Amending PC §§ 188, 189?

There is a wide-spread, even earnest misunderstanding among many District Attorneys and many judges that because Proposition 7 and Proposition 115, both voter initiatives, amended Penal Code section 188 and 189, Senate Bill 1437 was an unconstitutional change to these two statutes. The belief that SB 1437 improperly modified the felony murder rule is academically and intellectually clever, but incorrect, as the Fourth Appellate District held in the following case summarized below. To read the summary, please click on the following link –

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