People v. King CA2/5

DISCUSSION

1. Appellant is Not Eligible for Resentencing a. Section 1170.95 does not apply to manslaughter convictions The trial court’s ruling that section 1170.95 does not apply to manslaughter is consistent with a series of Court of Appeal

All further statutory references are to the Penal Code.

2 decisions to that effect. (See People v. Harris (2021) 60 Cal.App.5th 557, 565–569 (Harris); People v. Paige (2020) 51 Cal.App.5th 194, 200–204 (Paige); People v. Sanchez (2020), 48 Cal.App.5th 914, 917–920 (Sanchez); People v. Turner (2020) 45 Cal.App.5th 428, 434–438 (Turner); People v. Flores (2020) 44 Cal.App.5th 985, 992–997 (Flores); People v. Cervantes (2020) 44 Cal.App.5th 884, 887 (Cervantes).) Appellant cites no contrary authority, and we are aware of none. We agree with our sister courts that “the language of the statute unequivocally applies to murder convictions. There is no reference to the crime of voluntary manslaughter. To be eligible to file a petition under section 1170.95, a defendant must have a first or second degree murder conviction. The plain language of the statute is explicit; its scope is limited to murder convictions. [Citation.] [¶] . . . The…