People v. Oliver CA1/5

Filed 11/4/21 P. v. Oliver CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

A159606

Plaintiff and Respondent, v. (San Francisco County Super. Ct. No. SCN113500)

JACK T. OLIVER,

Defendant and Appellant.

Jack T. Oliver (appellant) appeals from the trial court’s denial of his petition for resentencing pursuant to Penal Code section 1170.951 on the ground that he failed to demonstrate a prima facie case. We reverse and remand.

LEGAL BACKGROUND

“Effective January 1, 2019, the Legislature passed Senate Bill 1437 ‘to amend 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…