California Court of Appeal
In re Lopez, 051238
In a petition for writ of habeas corpus relief from conviction of first degree murder, Pen. Code section 187(a) and street terrorism, section 186.22(a), relief is granted where: 1) People v. Chiu (2014) 59 Cal.4th 155 is retroactive to convictions, such as petitioner's, that were final on appeal when Chiu was decided; and 2) petitioner is entitled to relief because the record shows his conviction for first degree murder was based on the natural and probable consequences doctrine impermissible under Chiu.
Appellate Information
- Published 2016/04/06
Judges
- FYBEL
Court
- California Court of Appeal