A Spolin Law P.C. client’s prison sentence was recently reduced to only four years after pleading guilty to voluntary manslaughter and being sentenced to 16 years.
The client pleaded guilty to voluntary manslaughter in a case where he admitted he “aided and abetted the unlawful killing of the victim without malice.” Since the client was not the actual killer and did not act with malice aforethought, he qualified for relief under Senate Bill (SB) 1437.
SB 1437 allows for resentencing consideration for inmates who were convicted of certain types of murder but were not the actual killer. They must not have acted with the intent to kill. They cannot have been a major participant in the crime or have acted with reckless indifference for human life. The client met all those requirements.
Spolin Law P.C. filed a strong application for SB 1437 relief, pointing out that there were many faults in the client’s case. For example, he was accused of being a gang member; however, the prosecution’s gang expert had never heard of the alleged gang and had never met the client personally. Thus, it was unlikely that the client acted purposefully for the benefit of this alleged gang.
Once the SB 1437 application was granted and the client’s sentence was to be reconsidered, attorney Don Nguyen began the complex task of negotiating with the prosecutor. The state often does not want to admit defeat, so it can be hard to get a lower sentence. However, attorney Nguyen was able to get a new plea offer of a lesser charge with a new sentence of four years.
“This case is a striking example of overreach by the prosecution and California prosecutors using gang membership to vicariously incarcerate other gang members who had no culpability in another gang member’s crime,” said award-winning post-conviction attorney Aaron Spolin, who leads Spolin Law.
Instead of sitting in prison for the next decade, this Spolin Law P.C. client will be released in 2025.
To speak with one of the attorneys at Spolin Law P.C. about SB 1437 or your case, please call us at (310) 409-4453. Our firm handles state and federal criminal appeals and post-conviction matters.