California v. Palacios
Annotate this CaseSenate Bill 1437, passed in 2018 and signed into law, prospectively amended the mens rea requirements for the offense of murder and restricted the circumstances under which a person can be liable for murder under the felony-murder rule or the natural and probable consequences doctrine. The Bill also established a procedure permitting certain qualifying persons who were previously convicted of felony murder or murder under the natural and probable consequences doctrine to petition the courts that sentenced them to vacate their murder convictions and obtain resentencing on any remaining counts. Defendant-appellant Alexander Palacios felt he was entitled to such relief. He appealed an order denying his petition to vacate his first degree murder conviction and obtain resentencing under Senate Bill 1437. Defendant argued the trial court erred in summarily denying his petition because he established a prima facie case entitling him to a full hearing pursuant to Penal Code section 1170.95. The Court of Appeal rejected this contention and affirmed the postjudgment order denying defendant’s section 1170.95 petition.
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