California v. Lopez
Annotate this CaseDefendant-appellant Jaime Lopez was convicted by jury of the first degree murder of Reginold Harry. The jury found true a special circumstance allegation that the murder occurred during the commission of a robbery. The trial court sentenced defendant to a term of life without the possibility of parole. Defendant appealed a trial court order denying his petition for resentencing under Penal Code section 1170.95, contending he made a prima facie case for relief by showing it was possible the jury had convicted him of felony murder and found the robbery-murder special-circumstance allegation to be true without finding he was the victim’s actual killer. The Court of Appeal found the term “actual killer” as used in the revised felony-murder rule of Penal Code section 189 (e)(1) referred to someone who personally killed the victim and was not necessarily the same as a person who “caused” the victim’s death. Under this meaning of actual killer, it was possible for the jury to have found defendant guilty of felony murder, and found to be true the robbery-murder special-circumstance allegation, without finding defendant was the actual killer. Defendant therefore met his burden of making a prima facie case for relief under section 1170.95. Accordingly, the Court reversed the order denying defendant’s petition for resentencing and remanded with directions to the trial court to issue an order to show cause and conduct an evidentiary hearing.
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