SB 1437: Felony Murder Charges, Manslaughter Conviction?

Is resentencing under Penal Code § 1170.95 (SB 1437) if someone is charged with murder, but then convicted of manslaughter? Can a judge resentence that person? The answer is perhaps not as clear cut as one might first assume. After all the statute applies to those who are convicted of first or second degree murder, “and those who accepted a plea in lieu of trial at which petitioner could have been convicted of first or second degree murder.” So if the plea was to manslaughter (or attempted murder or assault with a deadly weapon), it seems 1437 would apply. To read how the First Appellate District Court of Appeal responded to this argument, please click on the following link – https://www.greghillassociates.com/sb-1437-felony-murder-charges-manslaughter-conviction.html

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