P. v. Harbin CA1/1
Jerry Harbin was convicted of voluntary manslaughter following a plea. The Legislature subsequently enacted Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill No. 1437), which altered liability for murder under the theories of felony murder and natural and probable consequences. The bill also established a procedure, under newly enacted Penal Code section 1170.95, for eligible defendants to petition for recall and resentencing. Harbin filed a petition for relief, and the trial court denied it on the basis that section 1170.95 does not apply to defendants convicted of voluntary manslaughter.
Harbin appealed from the order denying his section 1170.95 petition, and his appellate counsel filed a brief asking this court to conduct an independent review of the record for arguable issues. Harbin was informed he could file a supplemental brief but did not do so. We agree with the trial court that section 1170.95 does not afford relief to defendants convicted of voluntary manslaughter,
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