In re Duong
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In 2003, Anh The Duong was sentenced to death by a jury, after being found guilty of multiple murders. In 2015, Duong filed a habeas corpus appeal, and in 2020, his conviction and sentence were upheld by the California Supreme Court. However, his habeas corpus petition was transferred to the Los Angeles County Superior Court. Following an agreement with the district attorney, his death sentence was vacated, and he was a resentenced to life without the possibility of parole. Despite this, Duong sought to appeal the denial of the remaining claims in his habeas corpus petition, arguing that he was entitled to do so under the Death Penalty Reform and Savings Act of 2016 (Proposition 66).
The Court of Appeal of the State of California, Second Appellate District, Division One, dismissed Duong's appeal. The court interpreted Proposition 66, which expedites the appellate process in death penalty cases, as being applicable only to individuals who are under a death sentence at the time of their appeal. Since Duong's death sentence had been vacated and he was serving a life sentence without the possibility of parole when he filed his appeal, the court found that he was not entitled to the benefits of Proposition 66.
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