PEOPLE v. DUKE (2021)

The petition for review is granted. The issue to be briefed and argued is limited to the following: Can the People meet their burden of establishing a petitioner's ineligibility for resentencing under Penal Code section 1170.95, subdivision (d)(3) by presenting substantial evidence of the petitioner's liability for murder under Penal Code sections 188 and 189 as amended by Senate Bill No. 1437 (Stats. 2018, ch. 1015), or must the People prove every element of liability for murder under the amended statutes beyond a reasonable doubt?

The request for an order directing depublication of the opinion in the above-entitled appeal is denied.

Votes: Cantil-Sakauye, C.J., Corrigan, Liu, Cuéllar, Kruger, Groban and Jenkins, J