People v. Miskam CA4/2

INTRODUCTION

Appellant and defendant Dusty Matis Miskam was charged with first degree

murder but pled no contest to voluntary manslaughter. He filed a petition under Penal

Code1 section 1170.95 to vacate the manslaughter conviction. A trial court denied the

petition, concluding that defendant was ineligible for relief under section 1170.

because he was not convicted of murder. Defendant appeals from the trial court’s order

and contends: (1) to promote the legislative purpose of section 1170.95, relief should

apply to voluntary manslaughter; (2) denying resentencing to those convicted of

manslaughter violates equal protection; and (3) Senate Bill No. 1437 (2017–2018 Reg.

Sess.) (Senate Bill 1437) abrogated the provocative act murder doctrine. We affirm.

PROCEDURAL BACKGROUND

In 2016, defendant was charged by information with murder (§ 187, subd. (a),

count 1) and second degree robbery (§ 211, count 2). He entered a plea agreement and

pled guilty to voluntary manslaughter (§ 192, subd. (a), added count 3) and grand theft

from a person (§ 487, subd. (c), added count 4). In exchange, he was sentenced to a total

term of 11 years in state prison, and counts 1 and 2 were…