California v. Lopez
Annotate this CaseIn 1992, a jury convicted Pepe Lopez of first degree murder with a true finding on a prior-murder special circumstance after hearing evidence the victim was shot and killed during a robbery in which Lopez participated and that Lopez had previously been convicted of first degree murder for his involvement in another robbery. In 2019, Lopez filed a Penal Code section 1172.6 petition seeking to vacate his conviction under Senate Bill No. 1437 (2017-2018 Reg. Sess.; Stats. 2018, ch. 1015) which amended the definition of felony murder and eliminated the natural and probable consequences theory of murder. The trial court summarily denied the petition, concluding the special circumstance finding rendered Lopez ineligible for resentencing as a matter of law because it demonstrated the jury had found he “personally killed, or personally shared a specific intent to kill.” Lopez conceded the special circumstance finding established the requisite mental state for a conviction of first degree murder under current law, but argued it did not similarly establish “the actus reus necessary for direct aider and abettor liability.” The Court of Appeal agreed with the State that the record established his guilt under the current felony-murder rule.
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