People v. Murray CA2/7

INTRODUCTION

Jonathan Alvin Murray appeals from the superior court’s order denying his petition for resentencing under Penal Code section 1170.95 (now section 1172.6).1 In 2013 a jury convicted Murray of first degree murder, and the trial court sentenced him to a prison term of 55 years to life. Murray appealed, and we reversed the judgment and directed the trial court to give the People the option of accepting a reduction to second degree murder or retrying the case. The People decided not to retry the case, and the court entered a conviction for second degree murder and sentenced Murray to 35 years to life. After the Legislature amended the statutes defining murder, Murray filed a petition for resentencing. The court held an evidentiary hearing and found beyond a reasonable doubt Murray could still be convicted of murder under current law. Murray contends substantial evidence did not support the court’s finding. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Murray and His Brother Chase and Kill a Friend Murray and his brother Jason Cutler lived with their mother Bernadette Young. Chris Elmore, a friend of Murray’s, also lived in Young’s apartment. One late night in April…