Love

INTRODUCTION

In 1995, a jury convicted Lamar Love of second degree murder. Love now appeals from an order denying his petition for resentencing under Penal Code section 1170.95. 1 The record of conviction establishes Love is ineligible for resentencing as a matter of law because he was convicted as the actual killer and not under any abrogated theory of liability. We therefore affirm the order.

All undesignated statutory references are to the Penal Code. Effective June 30, 2022, section 1170.95 was renumbered to section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) We therefore refer to the statute as section 1172.6 for the remainder of this opinion.

BACKGROUND

The Underlying Offense 2 Gary Love was born in March 1992 to Love and Sonya Thomas. Sonya’s mother, Geraldine Thomas, cared for Gary full time from his birth until his death. 3 In late October 1993, Love and Gary arrived at Geraldine’s house. “Gary was screaming and crying, and his clothes were torn off his shoulder. His pants were soaking wet and he did not have a diaper on. There was a scratch by Gary’s left eye. When [Geraldine] asked what had happened, Love said Sonya had left him at the…