People v. Martinez
Annotate this CaseDefendant was convicted of first degree murder and arson. In the published portion of the opinion, the Court of Appeal held that the Legislature's enactment of a petitioning procedure evinces an intent to limit retroactive application of Senate Bill 1437, which changes the law on what mental state is required to be guilty of murder. In this case, the court held that defendant may seek Senate Bill 1437 relief, but he must do so via the procedural avenue provided by the legislation, which will permit the trial court to take additional evidence that may bear on defendant’s liability for murder. Therefore, defendant must file a Penal Code section 1170.95 petition in the trial court seeking retroactive relief.
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