In re Cobbs
Annotate this CasePetitioner Ricky Lee Cobbs was convicted of first degree murder, predicated on felony murder based on attempted robbery, and murder as the natural and probable consequence of assault and battery. Petitioner contended the second theory was made invalid under California v. Chiu, 59 Cal.4th 155 (2014) and In re Martinez, 3 Cal.5th 1216 (2017), and both theories were invalid following changes enacted under Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Stats. 2018, ch. 1015, sec. 2 (SB 1437).) He contended the Court of Appeal should vacate his conviction and direct the trial court to conduct further proceedings consistent with California Penal Code sections 188 and 189. The Attorney General agreed the first degree murder conviction was invalid under Chiu and Martinez, but did not address SB 1437. The Attorney General thus asserted the remedy should be that provided for in Chiu and Martinez: reverse the first degree murder conviction, and have the State the option of retrying the first degree murder count or reducing the conviction to second degree murder. The Court of Appeal agreed with the parties that the first degree murder conviction could not stand in light of Chiu and Martinez, but disagreed on the remedy. “While SB 1437 changes the law underlying both theories of guilt, it provides a procedure for those who seek retroactive application, section 1170.95. That procedure is the sole means by which a person may obtain relief for a conviction that becomes final before the effective date of SB 1437. Accordingly, we shall vacate the first degree murder conviction and order additional proceedings in the trial court.”
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