Spolin Law attorney Don Nguyen recently won a California P.C. 1170.95 petition under SB 1437 for a client who was convicted of robbery and murder but was not the actual killer. Upon resentencing, the court ordered the client to be released from prison.
The client was convicted of crimes associated with a shooting in 1994. Although he was 17, he faced charges in adult court. Now in his 40s, the client has spent most of his adult life in prison. He has made great strides to rehabilitate himself and gain an education what will enable him to contribute to society upon release.
This client qualified for resentencing under Senate Bill (SB) 1437, which was passed in 2018 to update P.C. 1170.95. This law limits who can be prosecuted for felony murder, which involves the killing of a victim while in the process of another felony offense. Under SB 1437, individuals who were not the actual killer or did not ai and abet the unlawful killing with malice may be granted resentencing relief.
While Spolin Law’s client did participate in a robbery in the 1990s, he was not armed, nor was he the shooter. He waited until all patrons left the building before entering it. He had no reason to believe anyone would be harmed in the process of the robbery. The felony murder that occurred was not his intent, nor is he guilty of aiding and abetting the actual killer with malice. In fact, he actively worked to limit the risk to patrons at the establishment.
“Our client was convicted of a crime that he did not commit. His actions to avoid harm to others were rightfully considered by the court when deciding whether resentencing was appropriate. Now our client will be released and return to his family,” said award-winning post-conviction attorney Aaron Spolin, who leads Spolin Law P.C.
Spolin Law drafted a P.C. 1170.95 petition pointing out all the arguments that were favorable to their client. The prosecution was tasked with proving beyond a reasonable doubt that the client was not available for resentencing. In the end, they could not, and the court granted the P.C. 1170.95 petition under SB 1437, which resulted in release of the client.
After more than 25 years in prison, Spolin Law’s client will now be released to return to his family.
To learn more about SB 1437 and P.C. 1170.95 petitions, you should reach out to the post-conviction attorneys or staff members at Spolin Law P.C. We handle state and federal criminal appeals and post-conviction matters. We will evaluate your case and help you understand your options. Call us today at (866) 716-2805.