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People v. Strong: Win for LWOPs

08/08/2022 Opinion filed: Judgment reversed. We reverse the judgment of the Court of Appeal and remand for further proceedings not inconsistent with this opinion.


Majority Opinion by Kruger, J.

-- joined by Cantil-Sakauye, C. J., Corrigan, Liu, Groban, Jenkins, and Guerrero, JJ.


People v. Strong, S266606. (C091162; nonpublished opinion; Sacramento County Superior Court; 11F06729.) Petition for review after the Court of Appeal affirmed an order denying a post-judgment motion in a criminal matter. This case presents the following issue: Does a felony-murder special circumstance finding (Pen. Code, § 190.2, subd. (a)(17)) made before People v. Banks (2015) 61 Cal.4th 788 and People v. Clark (2016) 63 Cal.4th 522 preclude a defendant from making a prima facie showing of eligibility for relief under Penal Code section 1170.95?




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