People v. Nash
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Defendant, who was under 18 years old at the time of the crime, was convicted of first degree felony murder with the special circumstance finding that the murder was committed while defendant was engaged in the commission of burglary. Defendant was sentenced to 25 years to life in prison. In a prior opinion, this court reversed the jury's burglary special-circumstance. On September 30, 2018, the Governor signed Senate Bill No. 1437 into law, which amended the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.
In this appeal, the Court of Appeal held that the trial court erred in finding that Senate Bill No. 1437 unconstitutionally amends Proposition 7. The court rejected the People's claims that Senate Bill No. 1437 unconstitutionally amends Proposition 115 and Proposition 9 and that it violates the separation of powers doctrine. Accordingly, the court reversed the trial court's judgment and remanded for further proceedings under section 1170.95.
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