People v. Falcon
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The Court of Appeal affirmed the denial of defendant's petition seeking resentencing under Senate Bill 1437 under the theory that he entered a plea of no contest to avoid a conviction of first or second degree murder under the natural and probable consequences doctrine. In this case, the trial court found the record of conviction showed that defendant entered a plea to second degree murder as an aider and abettor to the actual shooter.
The court held that the trial court did not err in finding defendant had failed to make a prima facie showing that he fell within the provisions of Penal Code section 1170.95. Although the court agreed with defendant that the trial court erred in relying on the records of his co-defendant, the court found that the error was harmless given that the evidence in the preliminary hearing transcript was virtually identical to the evidence at trial. The court explained that a sentence modification is not a criminal trial, but rather an act of lenity, and section 1170.95 is an act of lenity. In this case, if the trial court acted erroneously in declining to appoint counsel, that error does not constitute a violation of defendant's constitutional rights.
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