People v. Burns CA2/2

FACTS

Appellant was charged with multiple crimes, including murder (§ 187) and assault with a firearm (§ 245, subd. (a)(2)), in an amended information containing various enhancement allegations.2 On May 3, 2012, appellant pleaded no contest to voluntary manslaughter (§ 192, subd. (a)) and assault with a firearm. He admitted gang allegations (§ 186.22, subd. (b)(1)(C)) and gun allegations (§ 12022.5, subd. (a)). The trial court sentenced him to an aggregate determinate prison term of 25 years, and an additional concurrent prison term of three years. On April 29, 2019, appellant filed his petition for resentencing. At the prima facie review hearing under section 1170.95, subdivision (c), appellant’s counsel argued that the Legislature intended for a defendant to be eligible for relief if he was facing a murder charge based on the natural and probable consequences theory and then pleaded guilty to voluntary manslaughter in lieu of trial. The trial court disagreed based on Cervantes and denied the petition. This appeal followed.

DISCUSSION

As amended by Senate Bill No. 775, section 1170.95,3 subdivision (a) provides that a “person convicted of felony murder or murder under the…