People v. Mendivil CA3

BACKGROUND

In 2014, the prosecution charged defendant and his codefendant with murder (§ 187, subd. (a)), and alleged defendant was armed with a firearm (§ 12022, subd. (a)(1)). The information alleged the codefendant personally discharged the firearm and caused the victim’s death. (§ 12022.53, subd. (d).) Defendant pleaded no contest to voluntary manslaughter (§ 192, subd. (a)) and admitted he was a principal in an offense in which another principal was armed, in exchange for a stipulated sentence of 12 years. Consistent with the agreement, the trial court sentenced defendant to a term of 12 years in state prison. In 2019, defendant filed a petition for resentencing under section 1170.95. The trial court appointed counsel for defendant and received briefing from both parties. The trial court denied the petition in a written order, explaining that because defendant had been convicted of voluntary manslaughter, he “fails to make the threshold prima facie showing he is eligible for resentencing under section 1170.[9]5.”

DISCUSSION

I Section 1170.95 and Voluntary Manslaughter Defendant argues the language in section 1170.95 compels the conclusion that “section 1170.95 applies to…