top of page

More 1170.95 Relief for Felony Murder Accomplice

People v. Harrison Court: California Courts of Appeal, Docket: A159115 (First Appellate District), Opinion Date: December 30, 2021. Harrison sought to be resentenced under Penal Code section 1170.95, which allows a defendant convicted of felony murder to have his conviction vacated and be resentenced if the conviction would not be valid under recent amendments to sections 188 and 189, which changed the law so that a participant in certain felonies in which a death occurs is generally liable for murder only if the participant was the actual killer, aided and abetted the murder with the intent to kill, or was a major participant in the underlying felony who acted with reckless indifference to human life. The court of appeal reversed the denial of relief. The court and the Attorney General agreed that the court that decided Harrison’s section 1170.95 petition erred by denying it at the prima facie stage and not issuing an order to show cause. Harrison is entitled to relief on his petition as a matter of law. An acquittal can satisfy section 1170.95(d)(2) even though it does not rise to a finding of factual innocence. The trial court specifically found that Harrison was not the actual killer, did not have the intent to kill, did not act with reckless indifference to human life, and was guilty of murder as an accomplice to robbery under the felony murder rule. #felonymurder #aiderabettor #notactualkiller

Want to read more?

Subscribe to to keep reading this exclusive post.

62 views0 comments

Recent Posts

See All


bottom of page