P. v. Mason CA6
Defendant Shavougue Antoine Mason was convicted by a jury in 2005 of, among other things, three counts of murder after driving drunk and killing a man, a woman, and their unborn child. He was sentenced to an indeterminate term of 45 years to life in prison. Determinate sentences on other counts were imposed and stayed. Defendant petitioned for resentencing under Penal Code section 1170.91, which allows current and former members of the United States military to seek resentencing if they are convicted of certain felonies and suffer from mental health or substance abuse issues related to their military service. The trial court denied the petition, determining that the statute does not apply to indeterminate sentences and that the mitigating evidence defendant submitted did not justify a lower stayed determinate sentence. Defendant argues the trial court erred in concluding that indeterminate sentences are statutorily excluded from resentencing under Penal Code section 1170.91; that the s
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