People v. Hanes CA2/6

Good Law
Court of Appeal of CaliforniaSeptember 12, 2022B318807California1,242 words

Opinion

Opinion

Filed 9/12/22 P. v. Hanes CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B318807 (Super. Ct. No. 14C-21538) Plaintiff and Respondent, (San Luis Obispo County)

v.

PHILIP THOMAS HANES,

Defendant and Appellant.

Philip Thomas Hanes appeals an order denying his Penal Code section 1170.95 (now § 1172.6)1 petition for resentencing on his second degree murder conviction. He contends he is entitled to relief because jurors convicted him based on the natural and probable consequences doctrine. For reasons we shall explain, we dismiss the appeal.

All statutory references are to the Penal Code. Effective

June 30, 2022, section 1170.95 was renumbered as section 1172.6, with no change in text…

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