Gutierrez-Salazar
People v. Gutierrez-Salazar
Opinion
Lead Opinion
Peña, J.
*413 INTRODUCTION
Defendant Dionicio Gutierrez-Salazar was charged, tried, and convicted by a jury of two murders for homicides committed in 2013 and 2015. As to the 2013 homicide, defendant was convicted of first degree murder on a felony-murder theory. Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437), which became effective on January 1, 2019, amended the felony-murder rule in California. We asked the parties to brief what effect, if any, this amendment has on defendant's murder conviction relating to the 2013 homicide. In the meantime, several cases have held a defendant seeking relief under Senate Bill 1437 must do so by filing a petition in the court where the defendant was sentenced. (See People v. Martinez (2019) 31 Cal.App.5th 719 , 727-729, 242 Cal.Rptr.3d 860 ; accord, *180 People v. Anthony (2019) 32 Cal.App.5th 1102 , 1148-1153, 244 Cal.Rptr.3d 499 ; In re Taylor (2019) 34 Cal.App.5th 543 , 246 Cal.Rptr.3d 342 ; see People v. Carter (2019) 34 Cal.App.5th 831 -835, 246 Cal.Rptr.3d 498 .) In our appellate review of the record to consider this new law and its potential retroactive application to this case, we have discovered defendant is not entitled to…