People v. Hollis CA3

BACKGROUND

Originally charged with first degree murder under a theory of felony murder, defendant ultimately pleaded no contest to voluntary manslaughter and admitted that she was a principal who was armed during the commission of the offense. The trial court sentenced defendant to a stipulated 12-year prison term. While defendant was serving her 12-year prison term, the Legislature enacted Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Stats. 2018, ch. 1015, §§ 1-4), which amended the law governing murder liability under the felony murder and natural and probable consequences theories and provided a new procedure under section 1170.95 for eligible defendants to petition for recall and resentencing. Defendant filed a section 1170.95 petition. The People informally opposed the petition via letter, and defendant filed a reply. The People then filed a motion to dismiss the petition, and the trial court appointed counsel and ordered further briefing. After receiving the additional briefing from both parties, the trial court denied the petition, finding defendant had not established a prima facie case for resentencing, as she was not convicted of murder, but manslaughter.

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