MacalisterBali
New Member
- Jurisdiction
- California
I need some clarity when it comes to California's new Felony Murder Rule ( SB 1437)
My friend is currently incarcerated at California Institute for women in Corona California. She is currently serving a sentence of sixteen years to life, fifteen years for second degree murder plus a one year gun enhancement charge.
Case in brief:
She was seeing the victim and told her on again off again boyfriend that the victim carries a large amount of cash. They then plotted a robbery. The boyfriend asked his friend to help unbeknownst to her. The murder occurred after she went on a date with the victim. The victim dropped her off at her car and she drove off. Then the robbery occurred. A struggle took place and her boyfriend's friend shot the victim. She found about the murder the next day on the news.
During the plea negotiations, her family ran out of money for the private lawyer so she was assigned a Public Defender. She took the plea deal presented by the Public Defender . The Public Defender explained this is the best deal she can get since the murder took place in commission of a robbery she had knowledge of. Even though she didn't have prior knowledge about the boyfriend's friend being involved or the gun. She learned about the gun during news story.
Questions :
Does she qualify for SB 1437?
Are her chances to win a SB 1437 application slim due to the fact that public defender is not longer practicing ?
How would she establish that she is eligible for resentencing?
What supporting documents should be included in the application?
My friend is currently incarcerated at California Institute for women in Corona California. She is currently serving a sentence of sixteen years to life, fifteen years for second degree murder plus a one year gun enhancement charge.
Case in brief:
She was seeing the victim and told her on again off again boyfriend that the victim carries a large amount of cash. They then plotted a robbery. The boyfriend asked his friend to help unbeknownst to her. The murder occurred after she went on a date with the victim. The victim dropped her off at her car and she drove off. Then the robbery occurred. A struggle took place and her boyfriend's friend shot the victim. She found about the murder the next day on the news.
During the plea negotiations, her family ran out of money for the private lawyer so she was assigned a Public Defender. She took the plea deal presented by the Public Defender . The Public Defender explained this is the best deal she can get since the murder took place in commission of a robbery she had knowledge of. Even though she didn't have prior knowledge about the boyfriend's friend being involved or the gun. She learned about the gun during news story.
Questions :
Does she qualify for SB 1437?
Are her chances to win a SB 1437 application slim due to the fact that public defender is not longer practicing ?
How would she establish that she is eligible for resentencing?
What supporting documents should be included in the application?