Constitutionality of SB 1437 Reaffirmed in Second District Court of Appeal

Despite the Ventura County District Attorney’s arguments that SB 1437 is unconstitutional in that it conflicts with Propositions 7 and 115, the California Second District Court of Appeal finds that SB 1437 is constitutional and does not impose on the two propositions, in the case of the People v. Bucio.

In 2008, Maria Lissette Urena Bucio was tried for aiding and abetting her nephew in a robbery that resulted in the death of a person. The jury found Bucio guilty of robbery and first-degree murder. The trial court sentenced her to 25 years to life on the murder conviction and a five-year sentence on the robbery conviction. In 2018, Bucio filed a petition for resentencing following the enactment of SB 1437.

Senate Bill 1437 amended the felony murder rule and probable consequences doctrine. The bill ensured that “murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.” It is also intended to assist in the “reduction of prison overcrowding.”

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