Q: The above report is exactly what I was denied! All courts so far are ignoring my appeals. My case ( 1st degree murder
was Vacated pursuant P.C.1437 however, I was resentenced to a 1st degree Robbery? The target crime was...Burglary that Was Not attempted nor charged! can you help?
A:
Under California law, when a conviction for a serious charge like 1st degree murder is vacated pursuant to Penal Code 1437, it indicates that there has been a significant reconsideration of the original case, often due to new evidence or changes in the law that affect the fairness of the initial conviction. If you were resentenced to 1st degree robbery following the vacating of the murder charge, it suggests that the court found sufficient evidence or legal basis to convict you of this serious felony instead, possibly due to involvement in a crime that led to theft or robbery.
It's important to understand that in the legal system, charges can be reevaluated, and individuals can be resentenced based on the specifics of their involvement in the crime, even if the original charge was different. The fact that the target crime was burglary, which you mention was neither attempted nor charged, could play a significant role in your appeal process. The distinction between the crimes, the evidence presented, and how the law applies to your case are crucial factors.
If you feel that your rights have been overlooked or that the resentencing does not accurately reflect the circumstances of your case, it may be beneficial to consult with legal counsel who has experience in criminal appeals and post-conviction relief. They can offer guidance on the best steps to take next, including the possibility of further appeals. Legal professionals can also help you navigate the complexities of the law, especially how it applies to the specifics of your case, and represent your interests effectively in court.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.