People v. Lopez
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In 1995, Armondo Lopez was convicted of first-degree murder and attempted murder for his role in an incident where his co-defendant, intending to kill a rival, accidentally shot and killed an unintended victim. Lopez had assisted his co-defendant, knowing that the co-defendant intended to kill the rival. Although Lopez was not the shooter, he was deemed liable for the unintended victim's death under the doctrine of transferred intent. This doctrine holds that if a person intends to harm one individual but unintentionally harms another instead, the intent to harm is transferred to the actual victim, making the person liable for that harm.
In 2021, Lopez filed a petition for resentencing, arguing that changes in the law under Senate Bill 1437 meant he could no longer be convicted of murder. Senate Bill 1437, effective January 1, 2019, amended California's murder law to limit murder liability for accomplices who did not act with intent to kill and were not major participants in the crime. Lopez argued that the doctrine of transferred intent, which had been used to establish his liability for murder, was a form of imputed liability and therefore incompatible with the revised law.
The Court of Appeal of the State of California disagreed, holding that Senate Bill 1437 did not abrogate the doctrine of transferred intent. The court reasoned that the bill's language did not suggest any intent to abolish this long-established doctrine. Furthermore, the court found that the doctrine of transferred intent requires an intent to kill, which Lopez had demonstrated through his actions and admissions. Therefore, the court affirmed the trial court's decision denying Lopez's petition for resentencing.
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