Langi

Filed 1/12/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,

Plaintiff and Respondent,

A160262

v. REMUS SAM LANGI, (San Mateo County Super. Ct. No. SC054893C) Defendant and Appellant.

Remus Sam Langi appeals the denial of a petition requesting resentencing under Penal Code section 1170.95.1 This ameliorative statute, enacted as part of Senate Bill No. 1437 (2017–2018 Reg. Sess.), and amended effective January 1, 2022, by Senate Bill No. 775 (2021–2022 Reg. Sess.), authorizes resentencing of persons convicted of murder “under the natural and probable consequences doctrine or other theory under which malice is imputed to a person based solely on that person’s participation in a crime.” (§ 1170.95, subd. (a), added by Stats. 2018, ch. 1015, § 4, as amended by Stats. 2021, ch. 551, § 2.) In 2007, appellant was convicted of the second degree murder of Miguel Martinez. Appellant was one of four men who beat and robbed a group that included Martinez, who died after someone in appellant’s group punched him, causing him to fall and hit his head, leading to his death.…