California, United States of America
The following excerpt is from People v. Williams, B287899 (Cal. App. 2018):
Defendant filed a supplemental opening brief asserting many of the same arguments raised in his petition to the trial court. Defendant principally argues "any 'resentencing' to second degree murder would be imposed under an unconstitutional sentencing scheme," because "the jury in this case did not find an intent to kill." Citing the United States Supreme Court's decision in Rosemond v. United States (2014) 572 U.S. 65 (Rosemond), defendant further argues he cannot be held culpable for second degree murder under the natural and probable consequences doctrine because there was no finding that he had "foreknowledge" that Cox intended to commit murder. Defendant also argues due process and equal protection require that the felony murder rule's merger doctrine be extended to murder convictions premised on the natural and probable consequences doctrine where the target offense is an assault. Finally, defendant argues this court should grant him relief under
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