People v. Boston CA1/3

Filed 3/29/24 P. v. Boston CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A164448

v. DONALD KIRKLAND BOSTON, (Contra Costa County Super. Ct. No. 05-910595-8) Defendant and Appellant.

In 1992, Donald Boston was convicted of multiple offenses, including three first degree murders with special circumstances. The present appeal is from an order denying Boston’s 2020 petition to vacate his murder convictions and resentence him for his other offenses. (Pen. Code, § 1172.6.)1 Boston argues the superior court erred in concluding that he is ineligible for resentencing as a matter of law. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

I. Boston’s 1992 Convictions

The events that gave rise to Boston’s convictions…