People v. Holland CA6

Filed 6/12/24 P. v. Holland CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H050608

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. 101678)

v.

EMANUEL HOLLAND,

Defendant and Appellant.

Defendant Emanuel Holland and another man fatally stabbed a drug dealer during a robbery in 1985. Defendant was convicted by jury of first degree murder under the felony-murder rule and received an indeterminate sentence. He petitioned for resentencing under former Penal Code section 1170.95 (renumbered to Pen. Code, § 1172.6 without substantive change). The trial court denied the petition after an evidentiary hearing. Defendant argues insufficient evidence supports the trial court’s finding that he was a major…