People v. SwansonAnnotate this Case
After defendant was convicted of first degree murder under the provocative act doctrine, he filed a petition in the superior court under Penal Code section 1170.95, which permits a defendant convicted of murder under the felony-murder rule or natural and probable consequences doctrine to be resentenced.
The Court of Appeal affirmed the trial court's denial of the petition, holding that provocative act murder is not a natural and probable consequence theory. The court also held that first degree provocative act murder does not fall within the felony murder rule. Because the right to counsel under section 1170.95 does not attach until the petitioner makes a prima facie showing of eligibility under the statute, defendant failed to demonstrate eligibility under the statute. Therefore, remand is not appropriate in this case.