Currently the issue of attempted murder and natural and probable consequences is stalled before the California Supreme Court. People vs. Lopez, 2019 Cal. Lexis 8414.
Stein and Markus is suggesting the following approach. People vs. Sanchez (2020) 46 CalApp 5th 637, has decided that a conviction for attempted murder under a natural and probable consequence theory is legally, invalid, and is in contradiction to People vs. Chiu (2014) 59 Cal 4th 155 and Senate Bill 1437.
There are hundreds of cases wherein current loved ones are in custody, based upon the natural and probable consequence theory being used to secure a 664/187 conviction.
In order to expedite the issue for those in custody, motions to vacate the convictions should be filed with the trial court, awaiting, the outcome in Lopez.
The possibilities are as follows, one the court would stay proceedings, thus securing a place in line if Lopez is favorable or grant or deny the motion. If denied, an appeal should follow.
Stein and Markus recommends that the filing of the motion should be done asap to secure one’s place in line for eventual release from custody.
It should be done immediately!!
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