California v. Cervantes
Annotate this CaseOmar Jesus Cervantes appealed his conviction for second degree murder, arguing it had to be reversed under the recently enacted Senate Bill No. 1437 (SB 1437) and the changes the new law made to the natural and probable consequences doctrine. SB 1437 amended the murder statutes to modify the definition of murder and created a new provision, section 1170.95, which established procedures for eligible defendants to seek resentencing under the new definition. Cervantes also raised multiple challenges to his sentence. After review, the Court of Appeal concluded Cervantes could not raise his SB 1437 claim on direct appeal, but had to follow the procedures in section 1170.95 and petition the superior court for relief. “To clear up confusion about the particulars of his sentence,” the Court directed the trial court to correct the July 20, 2018 minute order to reflect that it did not impose a gang enhancement on the murder count or a section 1203.1c presentence confinement fee. The trial court was also directed to correct the abstract of judgment to reflect that it did not impose a registration requirement. In all other respects, the Court of Appeal affirmed judgment.
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