California Court of Appeal

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In re Hansen, D063549

The trial court properly granted a petition for a writ of habeas corpus challenging petitioner's convictions for second degree murder and shooting at an inhabited dwelling, where: 1) the court properly gave retroactive effect to People v. Chun (2009) 45 Cal.4th 1172, 1199, which held that the offense of shooting at an inhabited dwelling was "assaultive" in nature, and thus merged with a resulting homicide, such that the second degree felony-murder rule could not apply; and 2) even setting aside the juror statements and declarations regarding prejudicial impact of the error, the error under Chun was prejudicial.

Appellate Information

  • Decided 07/07/2014
  • Published 07/07/2014

Judges

  • AARON

Court

  • California Court of Appeal

Counsel