People v. Curl CA2/1

BACKGROUND

1. Conviction An information filed November 5, 2020 charged defendant with one count of murder (§ 187, subd. (a)) and one count of possession of a firearm by a felon (§ 29800, subd. (a)(1)), both committed in March 2020. As to the murder count, the information alleged firearm enhancements under section 12022.53. The case proceeded to trial. On March 14, 2022, during trial, defendant entered into a plea agreement with the prosecution under which he pleaded guilty to one count of voluntary manslaughter (§ 192, subd. (a)) and admitted to a firearm use enhancement (§ 12022.5, subd. (a)) and two aggravating factors. The trial court sentenced defendant to 15 years, awarded credits, and imposed fines and fees.

1 Unspecified statutory citations are to the Penal Code.

2 2. Petition for resentencing under former section 1170.95 On February 3, 2023, defendant, in pro. per., filed a petition for resentencing under former section 1170.95. The trial court appointed him counsel. The People opposed the petition arguing defendant could not make a prima facie showing for relief because he was prosecuted as the sole perpetrator and actual killer. Defendant filed a reply arguing…