People v. Lee
Annotate this CaseThe Court of Appeal affirmed the trial court's denial of a petition under Penal Code section 1170.95, which permits defendants convicted of murder under the felony murder rule or natural and probable consequences doctrine to petition for resentencing based on changes to the Penal Code enacted under Senate Bill No. 1437. The court held that petitioner was convicted under the provocation act doctrine, which requires proof of malice, distinguishing it from felony murder and natural and probable consequences murder. Therefore, petitioner is not entitled to resentencing under section 1170.95.
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