People v. Jennings CA6

Filed 2/17/22 P. v. Jennings CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H049043

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. 155731)

v.

MATTHEW GEORGE JENNINGS,

Defendant and Appellant.

Defendant Matthew George Jennings appeals the denial of his Penal Code section 1170.95 petition for resentencing. At issue is a question that has divided the courts of appeal and is currently pending before the California Supreme Court: Does a felony-murder special circumstances finding (Pen. Code, § 190.2, subd. (a)(17)) that was made before People v. Banks (2015) 61 Cal.4th 788 (Banks) and People v. Clark (2016) 63 Cal.4th 522 (Clark) were decided preclude a defendant from making a prima facie showing of…