P. v. Burns CA2/2
The trial court denied the Penal Code section 1170.95 petition filed by Donvay LaMarr Burns (appellant) to vacate the voluntary manslaughter conviction entered against him pursuant to a plea agreement. On appeal, he claimed that the trial court erred when it followed People v. Cervantes (2020) 44 Cal.App.5th 884, 886 (Cervantes) and ruled that he was ineligible for relief because the statute applies to murder convictions but not voluntary manslaughter convictions based on no contest pleas. Alternatively, he contended that section 1170.95 violates equal protection (U.S. Const., 14th Amend., Cal. Const., art. I, § 7) and substantive due process.
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