P. v. Reyes
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Appellant pleaded no contest to a charge of second-degree murder. Appellant admitted as true an enhancement allegation regarding the use of a deadly or dangerous weapon. The trial court sentenced Appellant to prison for 15 years to life. Appellant filed a petition for resentencing in the trial court, claiming he could not be convicted of murder based on the 2019 changes to the law. After giving the parties a chance to brief this issue, the court denied the petition, concluding Appellant was ineligible for resentencing because his conviction had occurred after Senate Bill No. 1437 became effective.
The Fifth Appellate District affirmed the trial court’s order denying Appellant’s petition. The court explained that Appellant is ineligible for resentencing for two reasons. First, in order to be resentenced, the charging document filed against Appellant must have allowed the prosecution to proceed under a theory of murder liability that is now invalid. This requirement is not met here. The prosecution filed the information against Appellant in 2020. Thus, when this criminal proceeding was initiated, the prosecution was precluded from proving the murder charge under a theory of imputed malice. This deficiency amply demonstrates that the trial court did not err when it denied Appellant’s petition for resentencing. Further, when Appellant entered his change of plea, the now invalid theories of murder liability had already been eliminated. Consequently, Appellant has already received the benefits of Senate Bill No. 1437.
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