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People v. Duke

California Supreme Court (Minute Order)
Jan 13, 2021
S265309 (Cal. Jan. 13, 2021)

Opinion

S265309

01-13-2021

PEOPLE v. DUKE (JONATHAN DAVEILO)


B300430 Second Appellate District, Div. 1

Petition for review granted; issues limited

The petition for review is granted. The issue to be briefed and argued is limited to the following: Can the People meet their burden of establishing a petitioner's ineligibility for resentencing under Penal Code section 1170.95, subdivision (d)(3) by presenting substantial evidence of the petitioner's liability for murder under Penal Code sections 188 and 189 as amended by Senate Bill No. 1437 (Stats. 2018, ch. 1015), or must the People prove every element of liability for murder under the amended statutes beyond a reasonable doubt?

The request for an order directing depublication of the opinion in the above-entitled appeal is denied.

Votes: Cantil-Sakauye, C. J., Corrigan, Liu, Cuéllar, Kruger, Groban, and Jenkins, JJ.


Summaries of

People v. Duke

California Supreme Court (Minute Order)
Jan 13, 2021
S265309 (Cal. Jan. 13, 2021)
Case details for

People v. Duke

Case Details

Full title:PEOPLE v. DUKE (JONATHAN DAVEILO)

Court:California Supreme Court (Minute Order)

Date published: Jan 13, 2021

Citations

S265309 (Cal. Jan. 13, 2021)