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  #76  
Old 08-24-2018, 01:37 PM
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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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  #77  
Old 08-28-2018, 09:03 AM
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I checked Assembly calendar for today. It is something like item 325 for final vote. They go through these things quickly. But I think we only have today and tomorrow left.

The bill has been amended by Assembly. After passage it has to go back to the Senate for concurrence vote. I believe rules state there has to be at least one day between vote in a house and concurrence in the other house. Last day for either house is the 31st - Friday. If I understand correctly it has to get voted out of Assembly tomorrow at the latest or I don't think it can happen.

Down to the wire. Nothing we can do now except watch carefully.
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  #78  
Old 08-28-2018, 04:54 PM
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Last day for either house is the 31st - Friday. If I understand correctly it has to get voted out of Assembly tomorrow at the latest or I don't think it can happen.

Down to the wire. Nothing we can do now except watch carefully.
That's my understanding as well -- although don't they also have Thursday to vote at the Assembly level?

I have the live video running all day while I work, so I'll jump on here to post as soon as they vote on it!
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  #79  
Old 08-28-2018, 06:28 PM
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Nothing today. They've adjourned until 10am tomorrow...
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Old 08-28-2018, 06:47 PM
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although don't they also have Thursday to vote at the Assembly level?
I "think" amendments are supposed to spend at least one day inactive after passing one house before originating house votes concurrence. If true than it must pass Assembly Wednesday, then one day inactive (Thursday), so it can have concurrence vote Friday.

I might have that wrong, it's heresay someone shared with me. Even if correct, they may have ability to make exceptions. Don't quote me, just feel better if they get this handled tomorrow....

Thanks for updates.
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  #81  
Old 08-29-2018, 10:15 PM
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It didn't pass the first floor vote tonight. Got 35 votes, but needs 41. They will vote again, so we shall see. :-(
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  #82  
Old 08-29-2018, 10:21 PM
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You're watching too...

35 to 31. 15 did not vote. I guess member Medina is talking to some of those 15 now to see if there is any hope.
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  #83  
Old 08-29-2018, 10:32 PM
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OK, 39 "yes" votes this time. What a nail biter! I'm stunned Caballero voted "no."
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Old 08-29-2018, 10:35 PM
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OK, 39 "yes" votes this time. What a nail biter! I'm stunned Caballero voted "no."
39 to 34. Still 8 not voting. I will be pissed if those 8 continue to sit on their hands and not step up and vote. Contentious / dramatic bill. I thought it would be...


Damn. Got the 41. Does not affect me in any way. But congratulations to everyone it will help.

Last edited by gvalliant; 08-29-2018 at 11:08 PM.. Reason: update
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  #85  
Old 08-29-2018, 11:08 PM
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Wow!!!! Barely passed on the third vote!!!!!!

Now, back to the Senate for the very final vote. (I will for sure have an ulcer before this is all over...)
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  #86  
Old 08-30-2018, 02:40 PM
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Woo-hoooo!!!! SB 1437 just passed the Senate! Now Gov. Brown has until Sept. 30 to sign.

We were told on the CARES Call that Brown is eager to sign this, so hopefully it happens soon

UPDATE: Initiate Justice is urging everyone to call or email Gov. Brown to urge him to sign. I just did!

https://govapps.gov.ca.gov/gov39mail/
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  #87  
Old 08-30-2018, 02:52 PM
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Woooooot!
Glad Brown is on Board
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  #88  
Old 08-31-2018, 09:42 AM
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OK. We now need to start calling Gov. Brown’s office at (916)445-2841 to express your support for SB 1437 It is assumed that the Governor will sign this Bill in to law but we need to let him know just how important this Bill SB 1437 is to all of us even if it doesn't effect you personally
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  #89  
Old 09-01-2018, 08:40 AM
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You can also mail a letter to the governor on that link to the governor's website. I sent by mail yesterday, just my preference. Link provides mailing address in addition to email:

https://govapps.gov.ca.gov/gov39mail/

Governor Edmund G. Brown
c/o State Capitol, Suite 1173
Sacramento, CA 95814

Last edited by gvalliant; 09-01-2018 at 08:48 AM..
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  #90  
Old 09-03-2018, 09:37 AM
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You can also mail a letter to the governor on that link to the governor's website. I sent by mail yesterday, just my preference. Link provides mailing address in addition to email:

https://govapps.gov.ca.gov/gov39mail/

Governor Edmund G. Brown
c/o State Capitol, Suite 1173
Sacramento, CA 95814

Yes lets get the letters in to the Governor. Now I can remember a time when the mail and the phone was the only way we did this kind of thing. We need to show our support for SB 1437. This has been a very interesting legislative session so far this year. A few Bills were snuck by us that should not have been done the way they were done.
Looks like we are going to get screwed on the twin water tunnels also. Thanks too some well planed moves by the Governor, and some others.
If we want to look a good screwing the tax payer is getting .Look no further then our Bullet Train, to no where.
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  #91  
Old 09-11-2018, 01:20 AM
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Looks like the DA's are banding together to beg Gov Brown to Veto the bill.
To sum it up, most DA's are republican, so I don't see it happening in their favor.
Of course the DA's dont want this bill, it means a complete headache for them for all of the years of Manipulating the legal system to unfairly over-sentence individuals.

Now is the time for Gov Brown to fix a major problem of plugging up a much over crowded system and have people fo the right amount of time for the crime.

Please everyone, urge Gov Brown to support this bill and expose the DA's for their oversentencing.
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  #92  
Old 09-29-2018, 06:12 PM
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So there is 1 day left. Is Gov Brown likely to veto on the last day?

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Looks like the DA's are banding together to beg Gov Brown to Veto the bill.
To sum it up, most DA's are republican, so I don't see it happening in their favor.
Of course the DA's dont want this bill, it means a complete headache for them for all of the years of Manipulating the legal system to unfairly over-sentence individuals.

Now is the time for Gov Brown to fix a major problem of plugging up a much over crowded system and have people fo the right amount of time for the crime.

Please everyone, urge Gov Brown to support this bill and expose the DA's for their oversentencing.
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  #93  
Old 09-29-2018, 08:21 PM
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He passed SB261 on the very last day last year.
And I do mean very last day.

Likely to do the same.
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  #94  
Old 09-30-2018, 10:07 PM
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Brown signed it!!! He signed it!!!!!!!!!!!!
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Old 09-30-2018, 10:08 PM
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Initiate Justice just sent announcement saying Governor Brown has signed SB1437. They said Cares for Youth is having an information call Tuesday from 8:00 to 9:00 pm. Anyone affected, you should be on that call.

Their website for more info on the call:

https://www.facebook.com/caresforyouth
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  #96  
Old 12-01-2018, 12:57 PM
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I came across an article this morning that may help answer some questions about who the passage of SB1437 will help, who it won't help, and who remains to be seen:

Landmark California Law Bars Prosecutors From Pursuing Murder Charges Against People Who Didn’t Commit Murder

California’s new law bars prosecutors from using a person’s intent to commit one crime — for example, a robbery — as a way to hold them responsible for a murder committed during the course of that robbery, unless they can prove that the person played some direct role in the killing.

Also significant is that the law is retroactive, meaning it affects the cases of those already in prison, and applies equally to individuals who accepted plea deals — two provisions that are often a tough sell: The criminal justice system favors finality and relies on plea bargains to keep it humming along, and lawmakers are often loath to intervene.

Exactly how many people may be eligible for release under the new law isn’t entirely clear, in part because of the way records are kept.

Read the entire article HERE.
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