P. v. Hamilton CA4/1
In 2011, Kenneth Hamilton was charged, along with other gang members, with two counts of murder. Hamilton entered into a negotiated plea agreement. Hamilton pleaded guilty to two counts of voluntary manslaughter (Pen. Code, § 192, subd. (a)) and admitted a gang enhancement (§ 186.22, subd. (b)) as well as a firearm enhancement (§ 12022, subd. (a)(1)). The parties stipulated to a determinate term of 20 years in prison. Hamilton was sentenced in accordance with the plea agreement.
In 2019, Hamilton filed a petition for resentencing under section 1170.95. The court appointed counsel and solicited briefing. After reviewing the briefing and the record of conviction, the court found Hamilton was statutorily ineligible for relief under section 1170.95 and denied the petition.
Hamilton filed a timely notice of appeal.
Although Hamilton was not convicted of murder as required by section 1170.95, he argues he must be eligible because he was originally charged with murder on an aiding and a
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