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Modification: People v. Lewis

Ruling by

Joshua P. Groban

Lower Court

California Courts of Appeal

Lower Court Judge

Frances Rothschild

Penal Code Section 1170.95(c) does not require petitioner to first make prima facie showing that he is entitled to relief in order to be appointed counsel.





Court

CASC

Cite as

2021 DJDAR 8887

Published

Aug. 27, 2021

Filing Date

Aug. 25, 2021

Opinion Type

Modification

Disposition Type

Reversed and Remanded

Case Fully Briefed

Sep. 16, 2020


IN THE SUPREME COURT OF CALIFORNIA

 

THE PEOPLE,

Plaintiff and Respondent,

v.

VINCE E. LEWIS,

Defendant and Appellant.

 

S260598

 

Second Appellate District, Division One

B295998

 

Los Angeles County Superior Court

TA117431

 

Filed 8/25/21

 

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

 

THE COURT:

The opening sentence of the opinion in this matter filed July 26, 2021, and appearing at 11 Cal.5th 952, is modified to read as follows:

Senate Bill No. 1437 (Stats. 2018, ch. 1015; Senate Bill 1437) eliminated natural and probable consequences liability for murder as it applies to aiding and abetting, and limited the scope of the felony murder rule.

This modification does not affect the judgment.

The petition for rehearing is denied.

#277938

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