A murder conviction carries severe and life-altering legal consequences. For instance, a conviction under Penal Code (PC) 187 could attract life behind bars or a death sentence, depending on your case's unique facts and circumstances. However, under particular circumstances, you could avoid these severe consequences.

According to Senate Bill (SB) 1437 outlined under PC 1170.95, you could qualify to have your felony murder sentence reduced or a conviction eliminated from your record for a fresh start. However, laws relating to the vacation of a murder conviction can be highly confusing for a layperson to comprehend.

You would want to work with a competent and experienced attorney to increase your odds of obtaining this post-conviction relief. Our profound defense attorneys at California Criminal Lawyer Group are well-versed in post-conviction relief matters, including the SB 1437 petition to set aside or vacate a felony murder conviction.

If you or a loved one needs their murder conviction vacated in Bakersfield, do not hesitate to speak to our team of defense attorneys for proper legal representation.

Understanding What Vacating a Felony Murder Conviction Means Under PC 1170.95

Previously, under Penal Code 187, the prosecutor could file a first-degree (FD) murder charge against you if you committed or attempted to commit a felonious act leading to the death of another person. That is true regardless of whether you were the actual killer in the incident.

Under the previous felony murder statute or law, the prosecutor could obtain a conviction against you for a murder charge if another person died as a result of a felonious act in which you were a culprit. Therefore, the court could sentence you for a murder offense under PC 187, even if any of the following facts are true:

  • You had no criminal intention of killing the person
  • The killing or death of the person was accidental
  • You were unaware that a murder had occurred

All the prosecutor needs to prove to obtain a conviction against you under the previous felony murder law is:

  • You assisted or committed a felonious act like carjacking, arson, torture, mayhem, carjacking, or robbery
  • The death of another person occurred in the process, regardless of whether it was intentional or accidental

Since this felony murder law resulted in unfair convictions and unnecessary overcrowding in prisons, on September 30th, 2018, Governor Jerry Brown changed it by signing SB 1437 into law. Unlike the previous felony murder statute, the new changes in the statute require culprits in murder cases to have a more significant role or contribution to the criminal intent to kill another person to be guilty of felony murder under PC 187.

According to SB 1437, the prosecutor could obtain a guilty verdict against you for murder if you attempted, committed, or were an accomplice in the commission of a felonious act and any of the following occurred:

  • You killed another person
  • You abetted or aided someone in committing a first-degree murder with the criminal intent or motive to kill
  • You played a significant role in the commission of the felony murder offense and acted with disregard for human safety or life
  • A peace officer lost his/her life while carrying out their duties due to your reckless actions or behavior.

Fortunately, the new felony murder statute is retroactive, meaning if the prosecutor obtained a conviction against you under the old felony murder statute, you could file a petition to set aside your sentence or conviction.

Once the court vacates your felony murder conviction, it means it will not appear on your criminal background henceforth, relieving you of several consequences of having a criminal history.

Eligibility Criteria for Filing a Post-Conviction Relief Petition Under SB 1437

According to PC 1170.95, you could qualify to file a petition to set aside or vacate your murder conviction only if you meet certain conditions or requirements, including:

  • The murder charges you are up against allow the prosecutor to argue your case under the "felony murder" rule or the natural and probable consequences (NPC) theory
  • You cannot face second-degree or first-degree murder charges because of the changes caused by the SB 1437 enactment
  • The prosecutor obtained a second-degree or first-degree murder conviction against you after agreeing to a plea option instead of going through a trial

Although PC 1170.95 does not provide a deadline for filing your petition to set aside or vacate a felony murder conviction, you must meet the above eligibility criteria. If you are the actual perpetrator or killer in the murder case, you would not qualify for post-conviction relief under PC 1170.95.

You can only qualify to have your murder conviction vacated or sentence reduced under the new felony statute if you were an accomplice or co-participant in the murder case. That means you aided the actual killer in committing the offense. The services of a reliable defense attorney will be crucial in determining whether you are an excellent candidate for this post-conviction relief.

What Your SB 1437 Petition Must Have

Once your attorney confirms that you meet the above eligibility criteria, he/she will file the SB 1437 petition with the court where your conviction occurred. You or your defense attorney must also serve copies of your petition documents to the prosecutor presiding over the murder case.

If the judge who sentenced you is retired or unavailable, the presiding judge can appoint another judge to give a verdict on the case based on your SB 1437 petition. To that end, your petition papers must include the following:

  • The year you received the conviction and case number
  • A declaration or confirmation that you are eligible for this post-conviction relief option
  • Whether you need the services of a public defender

Once the court receives your petition, the judge presiding over the case will carefully access it to confirm whether you meet the necessary eligibility criteria. If any vital detail is missing, the judge could reject your SB 1437 petition and advise you to take your time to collect all the necessary information.

The prosecutor will have a chance to submit a response to the petition within a minimum of 60 days, and your defense attorney, on the other hand, will have the opportunity to submit his/her reply within 30 days. In certain situations, the judge could grant an extension for these deadlines if either the prosecutor or your attorney shows a good cause.

If your defense attorney proves you are an excellent candidate for this post-conviction relief, the court will give him/her an order to continue with the petition. Once the judge issues a directive or order to proceed with the petition, the judge will schedule a hearing to determine whether you deserve this post-conviction relief.

According to PC 1170.95, the legal burden of proof during the hearing lies on the prosecutor presiding over your case. That means he/she must prove to the court beyond a reasonable doubt that you do not qualify for post-conviction relief under the new SB 1437.

If your attorney can satisfactorily prove that you did not act recklessly with disregard for human safety or life, the court could vacate the murder conviction and re-sentence you based on any remaining criminal charges.

Usually, if you qualify for resentencing, the prosecutor must award you credits for the period you served behind bars. Often, the court will put you on probation for a maximum of three years once you complete the sentence.

How a Petition to Set Aside Murder Conviction Differs From a Motion to Vacate a Criminal Verdict

When choosing a plea at the arraignment hearing, you must do so freely, willingly, and intelligently. According to PC 1018, the court could vacate your criminal verdict or judgment if any of the following facts are true:

  • The police or the prosecutor forced you to enter a plea
  • You were unaware of the possible consequences of your plea choice
  • You had an incompetent or unqualified attorney when making your plea choice decision
  • Your attorney has new evidence that can prove your innocence

If the court grants your motion to vacate a judgment under PC 1018, you will go for a new trial or negotiate another different plea deal.

On the other hand, if you are no longer in legal custody, you can file a petition to set aside or vacate your murder conviction under PC 1170.95. In general, the requirements of a motion to vacate or overrule a verdict differ from those of a petition to set aside a murder conviction.

While a motion to vacate a judgment requires your attorney to prove that a prejudicial error negatively affected the outcome of your case, the requirements to set aside a conviction under SB 1437 are different, as seen above.

Other Relief Options for Defendants With Murder Convictions

The SB 1437 petition to vacate a murder conviction is the most recent remedy or relief option for defendants with murder convictions. However, it is not the only available relief option a defendant with a felony murder conviction can explore. Other ways you could obtain the relief you need to avoid or reduce the detrimental consequences of a murder conviction include:

Appealing Your Murder Conviction or Sentence

Since the trial for murder cases occurs in the superior court, the verdict you will receive is not the end of the road for you. If you feel unsatisfied with the superior court's judgment on your case, your attorney can help you request a higher-ranking court (appellate or appeal court) to review it. It is worth noting that the appeal procedure does not involve the following:

  • Introduction of new evidence into your case
  • Hearing eyewitnesses' testimonies or re-trying your case

Instead, the primary purpose of the appellate court is to examine the superior court's judgment to determine whether any procedural or judicial errors occurred, affecting your constitutional rights. If the presiding appellate court judge finds that a mistake prejudiced you during your trial at the superior court, he/she could overthrow your murder case.

Remember, you have a maximum of sixty days after a conviction in the superior court to file your Notice of Appeal.

Filing a Motion for Resentencing

Aside from allowing you to have your murder conviction vacated, SB 1437 allows the court to reduce or modify your sentence under certain conditions. For a murder sentence reduction under this new statute, you must file a petition with the prosecuting agency or sentencing court. Your petition must also include a declaration showing you are eligible for resentencing under SB 1437.

Generally speaking, the eligibility conditions to have your murder sentence reduced are similar to the ones listed above for petitioning the court to vacate your murder conviction. The court will hold a resentencing hearing as soon as your attorney proves that you are an excellent candidate to have your murder sentence reduced.

During the re-sentencing hearing, the prosecutor will bear the burden of proving you are ineligible for this post-conviction relief. The court will reduce or modify your sentence if the prosecutor has no evidence to prove your ineligibility beyond a reasonable doubt.

Court Recall

The judge presiding over your murder case could recall your murder conviction within 120 days after receiving your sentence without petitioning for a murder conviction vacation or submitting a motion for resentencing. If the court recalls your murder sentence, he/she will have no choice but to order a fresh sentencing.

However, before recalling your murder sentence, the court will consider many factors, including:

  • Whether you pose a threat to the public or your community
  • Your disciplinary history
  • Interest of justice
  • Your rehabilitation history
  • The likelihood of committing an offense in the future

Applying for the Governor's Honor or Pardon

Another form of post-conviction relief you could qualify for to avoid the detrimental consequences of a felony murder conviction is the governor's pardon. The governor's pardon is typically an acknowledgment by the governor to show that you have received necessary rehabilitation and are no longer a threat to the community or public. Some of the benefits of obtaining this honor include the following:

  • It will restore your firearm rights
  • You will have higher chances of securing reliable employment
  • It will give you the right to serve in a jury trial
  • It allows you to seek employment as a parole or probation officer
  • It will restore your rights to apply for professional licensing to pursue your career goals

Unfortunately, not every person qualifies for the governor's pardon. To qualify for this post-conviction relief option, you must be ready to prove that you have received adequate rehabilitation for the required period since your murder conviction.

How an Attorney Can Help When Petitioning the Court to Vacate Your Murder Conviction

Undoubtedly, you cannot overlook the need for the services of a skilled attorney when petitioning the court to vacate your murder conviction under SB 1437. Below are the reasons why you should not handle this crucial post-conviction matter without hiring a seasoned defense attorney:

Your Attorney Will Help You Understand the Complex PC 1170.95

PC 1170.95 is a complex and confusing law with several facets that could be challenging to comprehend. Aside from helping you understand PC 1170.95, your attorney will help you prove to the court that you are an excellent candidate for this post-conviction relief.

Your attorney also understands the ins and outs of the legal justice system and could help you maneuver your way out to obtain much-needed freedom or relief after a murder conviction.

Your Attorney Will Offer You the Necessary Legal Counsel

Unquestionably, having a felony murder conviction on your record can be stressful. With this burden on your shoulders, it could be challenging to argue your murder case in court and prove you deserve a vacation of your conviction or a reduced sentence.

That is where the services of an attorney come in handy to take this weight off your shoulders and negotiate for a favorable outcome.

Your Attorney Will Help You Understand the Required Legal Procedure

Qualifying for post-conviction relief under PC 1170.95 is a multi-step process, and each step is crucial to the success of your SB 1437 petition. When petitioning the court to vacate your murder conviction, you must provide all the information listed in the previous paragraph, including your case number.

Without the help of a knowledgeable defense attorney, it could be challenging to know whether this crucial information is needed, making you ineligible for post-conviction relief under PC 1170.95.

Your Attorney Will Help You Face the District Attorney or Prosecutor

As mentioned in the previous paragraph, once your murder case goes through a resentencing hearing, the burden of proof will be on the prosecutor. During the re-sentencing hearing, the prosecutor's job will be to prove that you are ineligible for post-conviction relief under the new felony murder rule.

If you have a seasoned defense attorney, he/she can face the prosecution team on your behalf to prove you are an excellent candidate to obtain post-conviction relief under PC 1170.95.

For the best possible outcome when seeking post-conviction relief after a conviction for a murder charge, ensure the attorney you will hire is:

  • Well-trained and experienced
  • Credible and reputable
  • Legally licensed
  • Accessible and available
  • Cost-friendly

Frequently Asked Questions About a Petition Under the New SB 1437

Before petitioning the court for post-conviction relief under the new SB 1437, most defendants will ask questions to avoid making a mistake that can compromise their chances of obtaining the freedom they seek. Some of the most frequently asked and common questions many convicts ask include:

     1. Do I Qualify to File a Petition Under SB 1437 as an Alien or Non-Citizen?

If you are an alien or non-citizen, you cannot file a petition to vacate your felony murder conviction under SB 1437. When you do so, some of the consequences you could face include deportation to go back to your home country.

     2. Do I Qualify for a Relief Under SB 1437 if I am Serving Life in Prison Without the Possibility of Parole?

If you are serving life in prison for a felony murder conviction, you could qualify for post-conviction relief under SB 1437 if your attorney can prove the following:

  • You were not a primary participant in the murder case
  • You did not act with disregard for human safety or life
  • You are not a threat to public safety

     3. What Should I Expect After Obtaining My Freedom Under SB 1437?

Once you complete your sentence, you will receive your freedom under state or county-level supervision. The level of supervision you will receive upon your release from the detention facility will depend on the severity or sophistication of your murder case.

     4. What is the Deadline for Filing a Petition Under SB 1437?

As mentioned in the previous paragraph, there is no deadline for filing a petition to set aside or vacate a felony murder conviction. However, the sooner you do so, the better to obtain relief from the detrimental consequences of a murder conviction.

     5. What are the Legal Consequences for Felony Murder Under SB 1437?

The penalties you will receive for a felony murder conviction under the new SB 1437 will depend on whether your case is first-degree or second-degree felony murder. If the prosecutor files your case as first-degree murder, your sentence upon conviction could include:

  • Detention in the state prison for not less than twenty-five (25) years
  • Life imprisonment
  • Death penalty under PC 190

However, when the prosecutor files your felony murder case as second-degree, the penalties you could face include up to fifteen (15) years of custody in prison.

Find a Seasoned Defense Attorney Near Me

As you can see above, obtaining post-conviction relief under SB 1437 is a confusing, multi-step process. If you or someone you know believes that they are an excellent candidate for post-conviction relief under SB 1437, do not hesitate to seek the services of a qualified defense attorney.

Our reputable attorneys at California Criminal Lawyer Group can help you through every step of the process to increase the odds of obtaining a favorable outcome on your SB 1437 petition. We invite you to call us at 661-750-8230 to schedule your first consultation with our team of skilled defense attorneys, wherever you are in Bakersfield.

Even if you are ineligible for post-conviction relief under SB 1437, we can explore other legal options that could give you the relief and freedom you need after conviction for a murder offense under PC 187.