Harrison

Filed 12/10/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,

Plaintiff and Respondent, A170760 v. (Solano County BRYANT EUGENE HARRISON, Super. Ct. No. WR2400393) Defendant and Appellant.

Defendant Bryant Eugene Harrison, a military veteran, was sentenced in 1995 to an indeterminate life sentence for assaulting and causing the death of a child under Penal Code section 273ab. 1 The offense was his first and only felony conviction. In 2024, Harrison filed a resentencing petition under section 1170.91, which allows a trial court to consider reducing the sentence of qualified military veterans who may have suffered from service- related conditions. He now appeals from the trial court’s summary denial of that petition. The narrow issue presented here is whether Harrison was entitled to a hearing on his petition. Contending that the legislative history of the amendment to section 1170.91 in 2022 shows that a major purpose of the Legislature was to expand the statute’s benefits to indeterminately sentenced defendants, Harrison argues he was entitled…