top of page

2nd App. Dist. Reverses Denial of 1170.95 Relief

People v. Flint Docket: B310238 (Second Appellate District), Opinion Date: February 24, 2022. Flint was convicted of murder for his role in a 2006 attempted robbery in which his codefendant shot and killed Los Angeles County Sheriff’s Department Deputy Rosa. The jury rejected a felony-murder special circumstance allegation. In 2018, Senate Bill 1437 restricted the application of the felony-murder doctrine. Previously, if a defendant committed one of certain serious felonies in which an accomplice killed someone, the defendant was liable for first-degree murder even if the killing was inadvertent and unforeseeable. Under S.B. 1437, to obtain a conviction for felony murder, the prosecution must prove the defendant was the actual killer, acted with the intent to kill in aiding, abetting, counseling, or soliciting the killing, or was “a major participant in the underlying felony and acted with reckless indifference to human life.” (Pen. Code 189(e)(3).), except where the victim is a peace officer who was killed while in the course of his duties, where the defendant knew or reasonably should have known that the victim was a peace officer engaged in the performance of his duties. The court of appeal reversed the denial of Flint’s petition for resentencing. Flint made a prima facie showing of entitlement to relief but is not entitled to automatic relief. The jurors unanimously believed the prosecution had failed to prove beyond a reasonable doubt that Flint was a major participant who acted with reckless indifference to human life but the peace officer exception may preclude relief. #majorparticipant #recklessindifference #sb1437

Want to read more?

Subscribe to to keep reading this exclusive post.

Subscribe Now
57 views0 comments

Recent Posts

See All