California v. Nieber
Annotate this CaseToren Nieber was convicted in 2017 for his role in the commission of a 2016 burglary and robbery during which one of the victims was shot and killed. At the preliminary hearing, the magistrate found insufficient evidence to hold Nieber over on a special circumstance allegation, and the matter proceeded to trial without that charge. Nieber appealed his conviction, arguing he should be resentenced pursuant to California Penal Code Section 1172.6 (d)(2) because the court’s decision at the preliminary hearing constituted a “prior finding by a court” that he was not a major participant in the underlying crime. The trial court, which had presided over the preliminary hearing as well as the trial, ordered an evidentiary hearing and followed the procedures outlined in subdivision (d)(3). It concluded the State proved beyond a reasonable doubt that Nieber was a major participant who acted with a reckless indifference to human life and was therefore ineligible for resentencing. It thus denied the petition. On appeal to the Court of Appeal, Nieber argued: (1) the court improperly held an evidentiary hearing pursuant to section 1172.6 (d)(3) because the court’s finding at the preliminary hearing required it to resentence him under subdivision (d)(2); collateral estoppel likewise meant the court was required to follow the procedure detailed in subdivision (d)(2); and (3) the court’s conclusion that he was a major participant and acted with reckless indifference to human life was not supported by sufficient evidence. The Court of Appeal found his contentions without merit, and affirmed.
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