People v. Abernathy CA3

Filed 2/7/22 P. v. Abernathy CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C092495

Plaintiff and Respondent, (Super. Ct. No. 93F06757)

v.

CHRISTIAN MATTHEW ABERNATHY,

Defendant and Appellant.

In 1995 a jury found defendant Christian Matthew Abernathy guilty of first degree murder, assault with a firearm, attempted robbery, and robbery. The jury also found true a robbery-murder special circumstance alleged by the People. The trial court sentenced defendant to life without the possibility of parole. We affirmed that judgment in People v. Wright (1996) 52 Cal.App.4th 203 (Wright).

1 On March 27, 2019, defendant petitioned the trial court for resentencing pursuant to Penal Code…