People v. Tatum CA1/5

Filed 10/17/25 P. v. Tatum CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent, A171066

v. (Contra Costa County SAMSON TATUM III, Super. Ct. No. 05001607720) Defendant and Appellant.

Defendant Samson Tatum III appeals from a trial court order denying his petition for resentencing under Penal Code section 1172.6 (petition).1 Relying on the jury instructions given at Tatum’s trial even though it resulted in a mistrial, the court denied the petition at the prima facie stage. Tatum contends that the court erred because he pled no contest to “a generic theory of attempted murder that did not exclude liability upon a…