top of page

1170.95 Petition Still Alive: "Actual Killer" = "Personally Killed"

California v. Lopez Docket: G060261 (Fourth Appellate District), Opinion Date: April 28, 2022. Defendant-appellant Jaime Lopez was convicted by jury of the first degree murder of Reginold Harry. The jury found true a special circumstance allegation that the murder occurred during the commission of a robbery. The trial court sentenced defendant to a term of life without the possibility of parole. Defendant appealed a trial court order denying his petition for resentencing under Penal Code section 1170.95, contending he made a prima facie case for relief by showing it was possible the jury had convicted him of felony murder and found the robbery-murder special-circumstance allegation to be true without finding he was the victim’s actual killer. The Court of Appeal found the term “actual killer” as used in the revised felony-murder rule of Penal Code section 189 (e)(1) referred to someone who personally killed the victim and was not necessarily the same as a person who “caused” the victim’s death.

Want to read more?

Subscribe to to keep reading this exclusive post.

76 views0 comments

Recent Posts

See All


Couldn’t Load Comments
It looks like there was a technical problem. Try reconnecting or refreshing the page.
bottom of page