People v. James
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In 1988, defendant was convicted, pursuant to a guilty plea, of second degree murder. In 2019, defendant filed a petition for resentencing under Penal Code section 1170.95, which was denied. On appeal, defendant contends that the trial court erred in denying him a jury trial to determine whether the People proved he was a major participant who acted with reckless indifference to human life.
The Court of Appeal followed the unanimous view of the several courts that have considered the question that the relief granted by Senate Bill No. 1437, in which section 1170.95 was included, is an act of lenity not subject to Sixth Amendment analysis. In this case, defendant was properly convicted of second degree murder under the law that was in effect at the time of his offense and when he entered his guilty plea. Defendant was not entitled to a jury trial and thus the court affirmed the trial court's order denying relief.
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