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SB 1437 Win is Remanded for Parole Period Determination

People v. Watson Court: California Courts of Appeal, Docket: A159284 (First Appellate District), Opinion Date: May 20, 2021. In 1988, Watson was convicted of second-degree murder and sentenced to 15 years to life in prison. In 2019, Watson moved to vacate his murder conviction and obtain resentencing under section 1170.95, effective in 2019 and intended to limit the application of the felony-murder rule and murder based on the natural and probable consequences doctrine. The statute provides that where murder was charged generically and the underlying felony was not charged, the court redesignates the vacated murder conviction as the “underlying felony for resentencing purposes.” A person who is resentenced under this section "shall be given credit for time served. The judge may order the petitioner to be subject to parole supervision for up to three years following the completion of the sentence.” The trial court vacated Watson’s murder conviction, redesignated that conviction as two offenses: first-degree burglary and first-degree robbery, and sentenced Watson on the burglary conviction to six years in prison. It imposed but stayed the execution of a sentence on the robbery conviction. The court placed Watson on parole supervision and ordered that he pay a $1,800 restitution fine and a matching parole revocation restitution fine. The court of appeal affirmed in part. The trial court properly redesignated the murder conviction as both burglary and robbery. The court remanded for determination the duration of Watson’s parole period, modification of the judgment to show the restitution fine is satisfied, and striking the parole revocation fine.


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