People v. Hines CA4/2

BACKGROUND

In 2011, defendant kicked his pregnant girlfriend in the abdomen and threw a

keyboard at her as she lay unconscious on the floor. The girlfriend and her unborn child

died. A jury convicted defendant of two counts of second degree murder and the trial

court sentenced him to two prison consecutive terms of 15 years to life. We affirmed the

judgment. (People v. Hines (June 8, 2015, E059223) [nonpub. opn.].)

In October 2024, defendant filed a request in the trial court seeking section 1172.1

resentencing relief on the grounds that certain statutes that had been applied at the time of

his sentencing had since been amended.2

Section 1172.1 sets forth the procedures for resentencing a defendant who has

been convicted of a felony offense and committed to the custody of the Secretary of the

Department of Corrections and Rehabilitation (CDCR) or the custody of the county

correctional administrator pursuant to subdivision (h) of section 1170. (§ 1172.1,

subd. (a)(1).)

1 All further statutory references are to the Penal Code.

2 The statutes listed in the petition are sections 3051 (youth offender parole hearing) and 188 (definition of malice). He also cites section…