SB 1437

Home for The Holidays! Another Barhoma Law, P.C. Client is Free after Resentencing by Reaching Stipulation with the District Attorney’s Office

Published on: November 23, 2022 | by Barhoma Law

Barhoma Law, P.C. entered into a stipulation with the Los Angeles District Attorneys office to resentence client. Client will be home for the holidays.

The Barhoma Law, P.C. attorneys and staff are celebrating another major win for their client! Another Barhoma Law, P.C. Client is resentenced and will be home for the holidays after the firm successfully reached a stipulation with the Los Angeles District Attorney’s Office pursuant to Penal Code § 1172.6. The Los Angeles County Court reviewed the joint stipulation and signed off on it by vacating the client’s conviction.

The case revolved around Penal Code § 1172.6, which modified the law regarding murder and attempted murder. The client’s case was reviewed and it was determined his case qualified under SB 775 and Penal Code § 1172.6. Once a petition was brought, the firm’s attorneys were able to establish a Prima Facie showing that the client is entitled to resentencing. Barhoma Law, P.C. attorneys represented the client in court. They argued that not only is he entitled to resentencing, but that the conviction should be vacated in its entirety, as the conviction cannot be upheld under current laws. The Los Angeles District Attorney’s office ultimately agreed and entered into a joint stipulation with Barhoma Law, P.C. to resentence the client and to vacate his conviction.

SB 1437 & Life Without the Possibility of Parole — People v. Strong

Published on: August 9, 2022 | by Barhoma Law

On August 8, 2022, the California Supreme Court decided a long-awaited case that affects SB 1437 Petitions for individuals convicted of Special Circumstance Murder when they ruled in the case of People v. Christopher Strong. Specifically, the Supreme Court ruled that some special circumstance findings do not automatically preclude defendants from SB 1437 relief.

Background Regarding SB 1437

dreamstime_xl_15103637-750x422-1-300x169 In 2019, SB 1437 was enacted, amending Penal Code § 188 and § 189 and creating Penal Code § 1170.95. Pursuant to SB 1437, accomplice liability for felony murder and murder by way of the natural and probable consequence doctrine was substantially changed, allowing individuals convicted to seek to vacate their murder convictions and obtain resentencing relief. Resentencing is available for individuals convicted of murder, attempted murder, and/or manslaughter if they demonstrate:

Attorney Matthew Barhoma appears on CourtTV for Analysis on Sentencing Laws and Recent Developments

Published on: February 8, 2022 | by Barhoma Law

California Criminal Appeals Lawyer Comments on Recent Criminal Justice Headlines

Recently, Attorney Matthew Barhoma, appeared on Court TV to discuss several of the nation’s highest-profile criminal cases.

Ahmaud Arbery

SB 775 May Help You Reduce Your Manslaughter and Attempted Murder Convictions, Much Like SB 1437

Published on: September 22, 2021 | by Barhoma Law

Senate Bill 775 passed the senate and the assembly this month, on September 10, 2021. It has been passed off to Governor Newsom for final signature. If signed, this bill will help reduce the sentence of those convicted of attempted murder and manslaughter, if they meet the SB 775 criteria.

SB 775 is retroactive, meaning, a petitioner can apply this new law to a case, despite it being final. Previously, SB 1437 changed the felony murder rule. Under SB 1437, those convicted per “the natural and probable consequences doctrine” were able to petition the court to re-examine their case. More specifically, per SB 1437, if an accused did not: (1) act with reckless indifference to human life, or (2) was not a major participant to homicide, they were able to petition for re-sentencing.

However, SB 1437 formally applied to those convicted of homicide. Formally, the law did not apply to those convicted of lesser offenses, such as attempted murder or manslaughter. The SB 1437 criteria left out those who were facing homicide charges, but decided to comply with the District Attorney’s office during their prosecution by accepting a plea deal for a lesser offense. Now, under SB 775, qualifying individuals may apply.