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SB 1437 Relief: Parole Period Limited to 2 Years

People v. Tan Court: California Courts of Appeal, Docket: B308687 (Second Appellate District), Opinion Date: August 19, 2021. In 1998, Tan was convicted of first-degree murder (Penal Code 187) and robbery. With firearm, prior strike, and serious felony enhancements, the court sentenced him to an aggregate indeterminate term of 56 years to life for count 1 and stayed count 2. In 2019, Senate Bill 1437 changed the law governing accomplice liability for felony murder and murder under the natural and probable consequences doctrine; Penal Code section 1170.95 allows defendants who could not be convicted of murder under the amended law to petition to vacate their murder convictions and be resentenced on any remaining counts. A person who is resentenced shall be given credit for time served. A court granted Tan's section 1170.95 petition, holding that no reasonable jury could convict Tan of murder under current law, vacating Tan’s murder conviction and imposing an aggregate determinate term of 16 years for the robbery conviction, doubled for the prior strike, plus one year for the firearm enhancement and five years for the serious-felony prior, then ordered him released on time served. The court placed Tan on parole supervision for three years. The court of appeal modified his parole sentence. Section 3000.01, which was enacted before he was resentenced, limits Tan’s parole term to two years.

Did you know that many courts providing 1170.95 relief considered a defendant's in-prison conduct and rehabilitation efforts? Posse Solutions LLC is here to educate them unto rehabilitation. This is what we do! Email us at for more information.

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