People v. R.G.

Penal Code section 1170.95's petitioning procedure applies to a juvenile, like the one in this case, whose murder allegation was sustained by the juvenile court on a natural and probable consequences theory prior to the enactment of Senate Bill 1437, which amended the natural and probable consequences doctrine as it relates to murder. Because R.G. has not petitioned the court to have the conviction vacated and the corresponding commitment recalled, the Court of Appeal held that Senate Bill 1437 relief was premature. Accordingly, the court affirmed the juvenile court's order sustaining the allegation that R.G. committed second degree murder. View "People v. R.G." on Justia Law