People v. Sullivan CA4/1

I.

INTRODUCTION

Defendant Matthew Scott Sullivan appeals from a judgment of conviction for second degree murder. A jury convicted Sullivan of the murder of his wife Elizabeth after she went missing in 2014 and her body was found in 2016. On appeal, Sullivan raises two contentions. First, Sullivan argues that the judgment should be reversed because the trial court erred in failing to instruct the jury on the lesser included offense of voluntary manslaughter based on heat of passion. Second, Sullivan contends that pursuant to Assembly Bill No. 1869 (2019–2020 Reg. Sess.) (Assem. Bill 1869), which added, amended or repealed various statutes related to fees imposed by the courts on convicted defendants, this court should vacate any balance of a $154 criminal justice administration fee that remained unpaid as of July 1, 2021. The People concede that Sullivan is correct with respect to this issue. We disagree with Sullivan’s contention that the trial court erred in failing to instruct the jury on voluntary manslaughter. However, we agree with Sullivan and the People with respect to the effect of Assem. Bill 1869; Sullivan is entitled to have vacated any balance of the criminal justice…