P. v. Epps CA4/1
In 2010, a Riverside jury found Franchune Dyuel Epps guilty of the first degree murders of Milton Chavez and Marvin Gabriel (Pen. Code, § 187, subd. (a)). It returned true findings on multiple-murder (§ 190.2, subd. (a)(3)) and robbery-murder (id., subd. (a)(17)(A)) special-circumstance allegations associated with the murder charges, and Epps was sentenced to two consecutive terms of life in prison without the possibility of parole.
In 2019, Epps filed a petition to have her murder convictions vacated and to be resentenced under section 1170.95. The trial court summarily denied the resentencing petition on grounds that Epps’s record of conviction precluded her from making a prima facie case for relief. In particular, it found Epps was not entitled to resentencing, as a matter of law, due to the true multiple-murder special-circumstance findings.
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