Friday, January 19, 2024

People v. Fouse (Cal. Ct. App. - Jan. 18, 2024)

This is a pretty good opinion to figure out where you generally stand on the resentencing provisions of Section 1172.6, which "amend[ed] the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life."

On the one hand, the crimes are (to me, at least) horrific home invasions -- plus the attempted murder of police officers while evading arrest -- and I'm more than happy for the perpetrators to be incarcerated for a relatively lengthy period of time.

On the other hand, the defendant here was simply the getaway driver, and she has already served more than 14 years in prison.

Whatchathink?