People v. Batten CA3

I. BACKGROUND

On November 22, 2016, the District Attorney of El Dorado County filed a first amended complaint charging defendant with the first degree murder of Dennis Wright (§ 187, subd. (a)), the second degree robbery of Wright (§ 211), the voluntary manslaughter of Wright (§ 192, subd. (a)), and the second degree robbery of K.G. (§ 211).4 It was further alleged as to all counts that a principle was armed with a firearm

Undesignated statutory references are to the Penal Code. 3 During the pendency of this appeal, the Governor signed Senate Bill No. 775 (2021- 2022 Reg. Sess.) (Senate Bill 775), which amends section 1170.95 to provide that persons with nonfinal convictions for murder, attempted murder, or manslaughter may challenge the validity of those convictions on direct appeal “based on the changes made to Sections 188 and 189 by Senate Bill 1437.” (Stats. 2021, ch. 551, § 2; § 1170.95, subd. (g), eff. Jan. 1, 2022.) We requested supplemental briefing on the effect, if any, of Senate Bill 775 on defendant’s appeal. Both parties agree that defendant can now challenge the validity of the first degree murder conviction on direct appeal, but neither party suggests he has…