SB 1437 Properly Denied When No Prima Facie Case Made.

The following summary exemplifies the scope of the new felony murder rule set forth in Senate Bill (SB) 1437 and the strict requirements of Penal Code § 1170.95, the mechanism through which to petition for resentencing. Defendant was prosecuted as a direct aider and abettor, not under a felony murder theory, but sought resentencing under SB 1437. The trial court and the appellate court denied his request because he did not meet the threshold requirements of having been convicted under a felony murder or under the natural and probable consequences doctrine. To read more about this case, please click on the following link –

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