P. v. Abernathy CA3
In 1995 a jury found defendant Christian Matthew Abernathy guilty of first degree murder, assault with a firearm, attempted robbery, and robbery. The jury also found true a robbery-murder special circumstance alleged by the People. The trial court sentenced defendant to life without the possibility of parole. We affirmed that judgment in People v. Wright (1996) 52 Cal.App.4th 203 (Wright).
On March 27, 2019, defendant petitioned the trial court for resentencing pursuant to Penal Code section 1170.95. The People opposed the petition. The trial court appointed counsel and both parties submitted briefs to the court. On December 27, 2019, the trial court denied the petition finding defendant was barred from relief because the jury’s special circumstance finding meant defendant was a major participant in the crime who acted with reckless indifference to human life. The court issued an amended order on June 4, 2020.
Defendant appeals from the amended order denying his petition for resentenci
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