California v. Didyavong
Annotate this CaseIn February 2001, Bounthanom Didyavong was convicted by jury of first degree murder for his role in the 1998 gang-related beating and shooting death of David D. In May 2019, following California’s adoption of Senate Bill No. 1437 (2017-2018 Reg. Sess.), Didyavong petitioned the superior court for resentencing, alleging he was not the actual killer or a major participant who acted with a reckless disregard to human life, and he did not act with intent to kill. The superior court denied the petition at the prima facie stage. The Court of Appeal reversed the denial and directed the superior court to issue an order to show cause. On remand and following a hearing that complied with Penal Code section 1172.6, the superior court concluded that the State proved beyond a reasonable doubt that Didyavong committed second degree implied malice murder. It denied the petition for resentencing. Didyavong appealed that determination, contending there was not substantial evidence to support the court’s conclusion. The Court of Appeal agreed with Attorney General that section 1172.6 did not provide a mechanism to reduce a first degree murder conviction to second degree murder. We further conclude there was substantial evidence to support the court’s denial of Didyavong’s petition.
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