Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!

Go Back   Prison Talk > U.S. REGIONAL FORUMS > CALIFORNIA > California Prison & Criminal Justice News & Events + 3 Strikes
Register Entertainment FAQ Calendar Mark Forums Read

California Prison & Criminal Justice News & Events + 3 Strikes Do you have news relating to California's Prison or Ciminal Justice System and related efforts? Post them here! Also discuss 3 Strike laws.

Thread Tools Display Modes
Prev Previous Post   Next Post Next
Old 08-24-2018, 01:37 PM
PapaSmurf's Avatar
PapaSmurf PapaSmurf is offline
Registered User

Join Date: Feb 2017
Location: California
Posts: 57
Thanks: 4
Thanked 110 Times in 43 Posts

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.
Reply With Quote
The Following 2 Users Say Thank You to PapaSmurf For This Useful Post:
gvalliant (08-28-2018), qwerty (08-24-2018)


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
He keeps calling now that three years have passed/UPDATED cristina_sv When the Relationship is Over... 16 09-06-2016 12:50 PM
Governor's Signature for Lifer's JCIwifeMD Maryland Parole, Probation, Work Release, Halfway Houses & Community Service 0 11-10-2011 05:20 AM
Waiting for notification of the Governor's decision Sunflower76 Coming Home 1 03-26-2009 10:40 PM

All times are GMT -6. The time now is 05:07 PM.
Copyright © 2001- 2019 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics