Los Angeles, CA asked in Appeals / Appellate Law and Criminal Law for California

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?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

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.

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