The Attorney General’s Office filed an amicus brief agreeing with defendant’s claims of error. Defendant asserts the trial court erred in concluding that Senate Bill No. 1 Unless otherwise noted, all further statutory references are to the Penal Code. 1437 unconstitutionally amended Propositions 7 and 115, and struck defendant’s petition without addressing the People’s remaining arguments. 115 (Proposition 115)) (3) violates separation of powers principles and (4) violates Victims’ Bill of Rights of 2008 (Marsy’s Law). 7 (Proposition 7)) (2) impermissibly amended Proposition 115 (Ballot Pamp., Prim. 1437 is unconstitutional because it (1) impermissibly amended Proposition 7 (Ballot Pamp., Prim. Plaintiff and respondent, the San Bernardino County District Attorney’s Office (the People), however, moved to strike the petition on the ground that Senate Bill No. The parties stipulated that defendant made a prima facie showing that he “fall within the parameters for resentencing” under section 1170.95. Defendant and appellant, David James Lippert, filed a petition under section 1170.95 to vacate his 2003 murder conviction. 1015).) The legislation made several changes to 1 the law of murder, including enacting Penal Code section 1170.95, which provides a procedure by which certain defendants previously convicted of murder could, under certain circumstances, petition to vacate the conviction as inconsistent with the law as modified by Senate Bill No. BACKGROUND On January 1, 2019, Senate Bill No. Secord, Deputy District Attorney, for Plaintiff and Respondent. Jason Anderson, District Attorney and James R. Richards, Deputy Attorneys General, as Amicus Curiae on behalf of Defendant and Appellant. Patterson, Assistant Attorney General, and Tamar Pachter and Nelson R. Xavier Becerra, Attorney General, Thomas S. Lampkin, under appointment by the Court of Appeal, for Defendant and Appellant. APPEAL from the Superior Court of San Bernardino County. FBV2968) DAVID JAMES LIPPERT, OPINION Defendant and Appellant. See Dissenting Opinion Filed 8/11/20 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, E072688 v.
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