California v. Burhop
Annotate this CaseIn October 2020, the superior court conducted a contested hearing and issued orders granting relief to defendant-respondent, Travis Burhop, on Burhop’s petition to vacate his 2015 second degree murder conviction and to be resentenced pursuant to Penal Code section 1170.95. On October 2, 2020, the petition was the subject of a pending appeal with the Court of Appeal in California v. Travis Burhop (Aug. 28, 2020, E073709 [nonpub. opn.]) (Burhop II). In August 2020, the Court of Appeal court issued its opinion in Burhop II and remanded the matter to the superior court for further proceedings on Burhop’s petition. But the remittitur in Burhop II was not issued until October 30, 2020. Thus, in this appeal, the State claimed that the October 2, 2020 orders adjudicating Burhop’s section 1170.95 petition were null and void for lack of subject matter jurisdiction, given that the petition was the subject of the pending appeal in Burhop II and the remittitur in Burhop II had not yet issued. To this, the Court of Appeal agreed, and reversed the October 2 orders and again remanded the matter for further proceedings on the petition.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.