People v. Anderson
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In 1979, Anderson was tried for the murders and robberies of the Ranzos, for burglarizing their home, and for the separate robbery of Luna. With respect to the Ranzos, the jury convicted Anderson of two counts of first-degree murder, two counts of robbery, and one count of burglary; his convictions were affirmed. In 2019, Anderson sought relief under Penal Code 1170.95 based on Senate Bill 1437, which amended the felony murder rule and the natural and probable consequences doctrine as it relates to murder. Anderson unsuccessfully sought to exclude from the court’s consideration his testimony from prior parole hearings. The court found that the prosecution had established beyond a reasonable doubt that Anderson could be convicted of felony murder as a major participant in an enumerated felony who acted with reckless indifference to human life and that he could also be found guilty under a direct aiding and abetting theory.
The court of appeal affirmed. Anderson has not established that the trial court erred in considering testimony from his parole suitability hearings. The authorities cited by Anderson demonstrate that he was required to establish that a constitutional privilege against self-incrimination applied in his section 1170.95 evidentiary hearing; Anderson made only the conclusory assertion that he “had a constitutional privilege against self-incrimination,” failing to provide any reasoned supporting argument.
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