California v. Solis
Annotate this CaseDefendant Rogelio Solis, who had been convicted of second degree murder based on the doctrine of natural and probable consequences, filed a petition for resentencing pursuant to the newly enacted Penal Code section 1170.95, enacted as part of Senate Bill No. 1437 (Stats. 2018, ch. 1015, sec. 4) which took effect January 1, 2019. Senate Bill 1437 amended the natural and probable consequences doctrine for murder and the felony-murder rule “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.” Senate Bill 1437 also provided for retroactive application of these amendments by creating a process through which qualifying defendants could have their murder convictions vacated and be resentenced. The Orange County District Attorney opposed defendant’s petition on the ground Senate Bill No. 1437 unconstitutionally amended two voter-approved initiatives. The trial court agreed and denied the petition. The Court of Appeal reversed, finding Senate Bill No. 1437 addressed the elements of the crime of murder and is directed to the mental state and conduct of those accused of murder. "It does not authorize anything the two initiatives prohibited, nor prohibit anything they authorized. Senate Bill No. 1437 neither adds any particular provision to nor subtracts any particular provision from either initiative." The trial court judgment was reversed denying Defendant’s petition, and the matter was remanded for a hearing on the petition’s merits.
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