--- title: "Newsom Moves to Commute All 548 California Death Sentences: What It Does and Doesn't Change" description: "On Nov. 5, 2026, Gov. Newsom said he will commute every current death sentence in California to life without parole. The death penalty itself stays on the books, many of the cases need the California Supreme Court's approval, and prosecutors can still seek death in new cases. Here is how it works." url: "https://www.thehfirm.com/blog/newsom-commutes-california-death-sentences-2026" site: "H Law Group" published: "2026-11-06T02:00:00.000Z" --- # Newsom Moves to Commute All 548 California Death Sentences: What It Does and Doesn't Change On Nov. 5, 2026, Gov. Newsom said he will commute every current death sentence in California to life without parole. The death penalty itself stays on the books, many of the cases need the California Supreme Court's approval, and prosecutors can still seek death in new cases. Here is how it works. Category: Criminal Defense Author: Nima Haddadi -- California DUI and criminal defense lawyer On Thursday, Nov. 5, 2026, Gov. Gavin Newsom released an [open letter on the death penalty](https://www.gov.ca.gov/2026/11/05/governor-newsom-releases-letter-to-california-on-the-death-penalty/) saying he will use his clemency power to change every current death sentence in California to life in prison without the possibility of parole. According to his office, that covers 548 people, 529 men and 19 women. If it goes through in full, it empties the largest death row in the country. It does not repeal the death penalty. And many of the commutations are not his alone to give. The rest of this post explains the mechanics, because the headlines skip most of them. ## What the governor announced - Every current death sentence would be commuted to life without parole, which Newsom described as the most severe punishment he can impose through clemency. - The action is limited to sentences that already exist. In his letter, Newsom said it does not repeal the death penalty, and decisions in future cases stay with prosecutors, juries and courts. - It builds on the moratorium Newsom ordered in 2019. California has not carried out an execution since 2006. - Newsom leaves office in January 2027. [The Marshall Project reported](https://www.themarshallproject.org/2026/11/05/newsom-commutation-california-death-sentences) that Governor-elect Xavier Becerra has said he would keep the moratorium in place. ## Why the California Supreme Court gets a vote The governor's power to pardon and commute sentences comes from [article V, section 8 of the California Constitution](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CONS§ionNum=SEC.%208.&article=V). The same section limits it: the governor cannot grant a pardon or commutation to a person "twice convicted of a felony" unless the California Supreme Court recommends it, with at least four justices agreeing. Many people on death row have more than one felony conviction, often because the capital case itself included several felony counts or because of earlier convictions. The Marshall Project reports that more than half of the 548 cases need the court's recommendation. For those people, the commutation is a request, not a finished act, until the court rules. No timeline has been announced, and the court can decide each case on its own record. ## What stays exactly the same California's death penalty law is untouched. Murder with special circumstances under Penal Code 190.2 is still punishable by death or life without parole, a jury still decides between them in a separate penalty phase, and each county's elected district attorney still decides whether to seek death in a new case. That is a political decision as much as a legal one. Orange County District Attorney Todd Spitzer, for example, criticized the commutations and said his office will keep seeking the death penalty where warranted, [CBS Sacramento reported](https://www.cbsnews.com/sacramento/news/gavin-newsom-california-death-row-commuted-life-in-prison/). Voters have also kept the law in place twice: they rejected repeal measures in 2012 (Proposition 34) and 2016 (Proposition 62), and in 2016 narrowly passed Proposition 66, which was meant to speed up capital appeals. | | Commutation (this action) | Moratorium (2019) | Repeal | | --- | --- | --- | --- | | Who does it | Governor, with Supreme Court approval for people twice convicted of a felony | Governor by executive order | Voters, or the Legislature with voter approval | | Effect on current sentences | Death sentence replaced with life without parole | Executions paused; sentences stay in place | Depends on how the measure is written | | Effect on future cases | None; prosecutors can still seek death | None on charging; executions stay paused while it lasts | Death no longer available | | Can a later governor undo it | A completed commutation stands | Yes, by rescinding the order | Only by another vote | ## What life without parole means for these cases Life without the possibility of parole means exactly that. A person serving it is not eligible for a parole hearing. A commutation changes the sentence, not the conviction, so the guilty verdicts stay in place, along with every other consequence of a [felony conviction](/blog/felony-convictions-a-guide-to-serious-criminal-charges). There is a tradeoff that rarely comes up. People sentenced to death are entitled to appointed lawyers for habeas corpus petitions, the process for raising claims like ineffective counsel or new evidence. People serving life without parole generally get an appointed lawyer for the direct appeal but not always for habeas. The Marshall Project reports that Newsom's office counts more than 200 people who have waited 15 years or more just to be assigned habeas counsel. A commutation ends the wait for an execution date, but for some it may also change what help they get in challenging the conviction itself. ## What this means for people facing murder charges in Los Angeles For someone charged today with murder with special circumstances, very little changes. The prosecutor can still file a death notice, and the case can still go to a penalty phase. Capital and life-without-parole cases are some of the most complex in the system, with separate investigation into the person's background for the penalty phase. Our [homicide defense page](/criminal/homicide-attorney), our [violent crimes page](/criminal/violent-crimes-attorney) and our [overview of the California criminal case process](/california-criminal-case-process) explain how these cases move through court. The announcement also doesn't affect murder charges that carry no possible death sentence, such as second-degree murder after a fatal DUI crash. We explain those cases in our post on [Watson murder in California](/blog/watson-murder-california). ## Frequently asked questions ### Did Newsom abolish the death penalty in California? No. He announced plans to commute the current death sentences of 548 people to life without parole. The death penalty law stays in place, and prosecutors can still seek it in new cases. ### Why does the California Supreme Court have to approve some commutations? Article V, section 8 of the California Constitution bars the governor from commuting the sentence of a person twice convicted of a felony unless the California Supreme Court recommends it, with at least four justices agreeing. More than half of the 548 cases fall into that group, according to The Marshall Project. ### Can people whose death sentences are commuted get parole? No. The sentences are being commuted to life without the possibility of parole, which carries no parole eligibility. ### Can prosecutors still seek the death penalty in California? Yes. Each county's district attorney still decides whether to seek death in special-circumstance murder cases, and juries can still return death verdicts. ### When was California's last execution? 2006. Newsom placed a moratorium on executions in 2019, and none have been carried out since 2006. ## Sources - [Governor Newsom releases letter to California on the death penalty](https://www.gov.ca.gov/2026/11/05/governor-newsom-releases-letter-to-california-on-the-death-penalty/), Office of the Governor, Nov. 5, 2026 - [California Constitution, article V, section 8](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CONS§ionNum=SEC.%208.&article=V), California Legislative Information - [Newsom issues commutations for 548 Californians facing execution](https://www.themarshallproject.org/2026/11/05/newsom-commutation-california-death-sentences), The Marshall Project, Nov. 5, 2026 - [California death row sentences to be commuted to life without parole, Newsom says](https://www.cbsnews.com/sacramento/news/gavin-newsom-california-death-row-commuted-life-in-prison/), CBS Sacramento, Nov. 5, 2026 - [Newsom says he will commute all 548 of California's death sentences to life without parole](https://www.pbs.org/newshour/politics/newsom-says-he-will-commute-all-548-of-californias-death-sentences-to-life-without-parole), PBS NewsHour, Nov. 5, 2026 - [Penal Code section 190.2 (special circumstances)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=190.2), California Legislative Information ## About Nima Haddadi Nima Haddadi is a leading California DUI and criminal defense attorney with deep expertise in handling complex cases. Known for strategic defense and courtroom strength, he is a trusted choice for clients facing DUI, felony, and misdemeanor charges. --- ## Contact H Law Group - Phone: (888) 499-4948 (phones answered 24/7) - Email: info@thehlawgroup.com - Free consultation: https://www.thehfirm.com/free-consultation - Contact form: https://www.thehfirm.com/contact-us ### Offices - Los Angeles Branch: 714 W Olympic Blvd, Suite 803, Los Angeles, CA 90015 -- (213) 463-5888 - San Diego Branch: 600 W Broadway, Suite 700, San Diego, CA 92101 -- (619) 257-6655 - San Jose Branch: 333 W San Carlos St, San Jose, CA 95110 -- (408) 547-9982 - Orange County Branch: 2030 Main St, Suite 1300, Irvine, CA 92614 -- (949) 356-9818 - Riverside County Branch: 41593 Winchester Rd, Suite 200, Temecula, CA 92590 -- (951) 327-7161 - Santa Barbara Branch: 1117 State St, Santa Barbara, CA 93101 -- (888) 499-4948 ### Disclaimer This website provides general legal information only and does not create an attorney-client relationship. 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