P. v. Higgs CA2/8
In April 2015, defendant and appellant Branden Trevaughn Higgs pled no contest to four counts of attempted murder (Pen. Code, § 187, subd. (a), § 664) and one count of voluntary manslaughter (§ 192, subd. (a)) and admitted a firearm use allegation (§ 12022, subd. (a)(1)). The court sentenced defendant to a term of 16 years eight months.
After the passage of Senate Bill 1437 (2017-2018 Reg. Sess.) in 2018, defendant filed, in propria persona, a petition for resentencing pursuant to Penal Code section 1170.95. Section 1170.95 was enacted as part of the legislative changes effected by Senate Bill 1437 and became effective January 1, 2019. (Stats. 2018, ch. 1015, § 4.) Defendant requested the appointment of counsel and resentencing on the grounds he was not the actual killer or a major participant in the crimes.
On March 9, 2020, the trial court summarily denied defendant’s petition without appointing counsel.
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