BAKERSFIELD, Calif. (KERO) — A man who was in prison for a murder he didn't commit under a California law that no longer is in effect was ordered to be immediately released in court on Thurs, Feb 2.
Cedric Struggs, 60, was initially granted his petition for release on Thurs, Jan 5. He appeared in court Thursday morning for resentencing after Judge Gregory Pulskamp vacated Struggs' murder sentence. During the resentencing, Pulskamp determined that Struggs should serve four years for all related charges. However, Pulskamp claimed that the time Struggs had already served under his vacated sentence, over 15,000 days, was more than enough and granted Struggs immediate release pertaining to this case.
"The actual custody credits that he has obviously vastly, vastly exceeds the four years that I have just sentenced him to," said Pulskamp. "So that reason, at least on this case, that Mr. Struggs is going to be released."
Struggs was arrested over 40 years ago for participating in a gas station robbery that left one man dead. Struggs, however, did not kill that man, nor had a weapon. Under the now-defunct felony murder rule, a California law that made it so anyone involved in a felony crime where someone died could also be charged with murder, Struggs was convicted of murder for participating in the robbery. That law was amended in 2019 under California Senate Bill 1437.
Despite being granted immediate release by Judge Pulskamp, Struggs will return to prison temporarily due to two pending cases. Struggs' attorney, Cynda Bunton, requested that the judge hold Struggs in custody at Lerdo Detention Facility. Pulskamp, however, denied her request.
"I don't want to meddle into the internal affairs of the California Department of Corrections," said Pulskamp while explaining his reasoning. "I've ordered that your client be released as soon as possible, of course, on this particular case, but I really don't know what other dynamics are going on there. Maybe he has other holds, other cases. I just don't know."
