Opinion
S233265
07-26-2017
WHITE (GREGORY) ON H.C.
Order to show cause issued; returnable in Court of Appeal, Fourth Appellate District, Division Two
Respondent's motion for judicial notice of the record in People v. Gregory White, Fourth District Court of Appeal, Division Two (E065246) is granted.
The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause before the Second Division of the Fourth District Court of Appeal, when the matter is placed on calendar, why petitioner is not entitled to a reversal of his second degree felony murder conviction because the reasoning set forth in Johnson v. United States (2015) ___ U.S. ___ renders the California second-degree murder rule unconstitutionally vague. (See also Lee, Why California's Second-Degree Felony-Murder Rule is Now Unconstitutionally Vague (2015) Hastings Const. L. Q., Forthcoming; UC Hastings Research Paper No. 158.) The return is to be filed on or before August 25, 2017.
Kruger, J., was absent and did not participate.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, and Cuéllar, JJ.