California, United States of America
The following excerpt is from People v. Lorenzo, B285142 (Cal. App. 2019):
On January 28, 2015, defendant filed a petition for a writ of habeas corpus in the trial court, contending that he could not be convicted of first degree murder as an aider and abettor with a natural and probable consequences theory under People v. Chiu (2014) 59 Cal.4th 155. The District Attorney filed a concession brief, agreeing that the petition should be granted. The District Attorney elected not to retry defendant on first degree murder and instead agreed defendant's conviction on count 2 should be reduced from first degree to second degree murder, and that defendant should be resentenced accordingly.
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