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Old 08-24-2018, 01:37 PM
PapaSmurf PapaSmurf is offline
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Quote:
Originally Posted by qwerty View Post
So does the indictment actually state that he was charged with felony murder? My understanding of the bill is the person had to have been charged with OR convicted of felony murder. But as the bill states, it requires that "(1) A complaint, information, or indictment was filed against the petitioner that allowed the prosecution to proceed under a theory of felony murder or murder under the natural and probable consequences doctrine." Sounds like your friend could make that argument.

My man has very similar circumstances, including with the plea deal. But his charging document specifically states he was charged with 1st degree felony murder.

Also, no they don't lower the charge to manslaughter. They recharge and resentence based on the remaining charges, ie. robbery, gun enhancement etc.

He was never charged with Felony Murder because it was a Plea Bargain.
Originally charged with 1st Degree (They charged both guys with 1st degree because they didnt know who did what at first). Later the Primary they knew did the 1st degree. They then knew my friend wasnt guilty of a first and they were going to proceed under felony murder but offered him a deal for 2nd Degree.

This was a very common practice with the DA's and how they bone people.

The argument is 100% valid as you say, it is just what game is the DA gonna play back.
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