People v. Briscoe CA1/4

Filed 1/20/22 P. v. Briscoe CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,

Plaintiff and Respondent,

A159174

v. KHYLE ARMANDO BRISCOE, (Solano County Super. Ct. No. C46114) Defendant and Appellant.

This appeal requires us to consider whether a defendant convicted under a theory of provocative act murder is potentially eligible for resentencing under Penal Code1 section 1170.95. We join other courts that have unanimously concluded section 1170.95 is unavailable to such defendants as a matter of law. Accordingly, we affirm the denial of defendant Khyle Armando Briscoe’s petition to vacate his murder conviction and for resentencing.

Further statutory citations are to the Penal Code.

BACKGROUND2

On an April night in 1998 Briscoe and…