People v. Lopez CA2/4

DISCUSSION

Under section 1170.95, subdivision (a), “A person convicted of felony murder or murder under a natural and probable consequences theory may file a petition . . . to have the petitioner’s murder conviction vacated and to be resentenced on any remaining counts when all of the following conditions apply:

1All further statutory references are to the Penal Code unless otherwise indicated.

2 (1) A complaint, information, or indictment was filed against the petitioner that allowed the prosecution to proceed under a theory of felony murder or murder under the natural and probable consequences doctrine. (2) The petitioner was convicted of first degree or second degree murder following a trial or accepted a plea offer in lieu of a trial at which the petitioner could be convicted for first degree or second degree murder.” Appellant asserts that he is entitled to resentencing under section 1170.95 because he accepted a plea offer in lieu of a trial at which he could have been convicted of first degree or second degree murder. He contends the trial court’s order denying his petition was erroneous and violated his constitutional rights to equal protection and due process. The…