California v. Lippert
Annotate this CaseDefendant-appellant, David Lippert, filed a petition under Penal Code section 1170.95 to vacate his 2003 murder conviction. The parties stipulated that defendant made a prima facie showing that he “fall[s] within the parameters for resentencing” under the statute. Plaintiff-respondent, the San Bernardino County District Attorney’s Office (the State), however, moved to strike the petition on the ground that Senate Bill No. 1437 was unconstitutional because it: (1) impermissibly amended Proposition 7; (2) impermissibly amended Proposition 115; (3) violated separation of powers principles; and (4) violated Victims’ Bill of Rights of 2008 (Marsy’s Law). The trial court agreed Senate Bill No. 1437 unconstitutionally amended Propositions 7 and 115, and struck defendant’s petition without addressing the State's remaining arguments. The Court of Appeal agreed with defendant that the trial court erred in concluding Senate Bill No. 1437 was unconstitutional, and reversed.
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