P. v. Whitson
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Following a drive-by shooting, Defendant was convicted of first-degree murder, three counts of attempted murder, and conspiracy to commit murder. In Defendant's initial resentencing petition, he sought relief under SB 1437. The trial court denied relief. On appeal, the Second Appellate District reversed and remanded only Defendant's murder conviction. Subsequently, the California Supreme Court granted Defendant's petition for review challenging his attempted murder and conspiracy convictions in light of the passage of SB 775.
On remand, the Second Appellate District affirmed Defendant's conviction for conspiracy to commit murder but reversed his three attempted murder convictions. Regarding Defendant's attempted murder convictions, the parties and the court agreed that SB 775 extends SB 1437 relief to Defendant. Regarding Defendant's murder conviction, the court again reversed Defendant's conviction, finding that the jury was instructed under the "natural and probable consequences doctrine," which allowed it to convict Defendant absent a finding Defendant has the intent to kill.
The court rejected Defendant's claim that Cal. Penal Code Sec. 1179.95 applies to conspiracy to commit murder, noting that "the language of section 1170.95 is unambiguous. The statute does not permit a challenge to a conviction for conspiracy to murder."
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