P. v. Brumfield CA2/8
In 2004, a jury convicted appellant Anthony Brumfield of first degree murder and found true the special circumstance that the murder was intentional and committed by shooting from a motor vehicle at another person outside the vehicle with the intent to inflict death. (Pen. Code, §§ 187, subd. (a), 190.2, subd. (a)(21).) The jury found not true the allegation that appellant used and discharged a firearm and that he acted for the benefit of a gang. In 2006, we affirmed the conviction on direct appeal. (People v. Brumfield (Nov. 27, 2006, B182910) [nonpub opn.].)
On December 19, 2019, appellant through counsel filed a section 1170.95 petition for resentencing. He alleged he had been convicted of murder but could not be so convicted today under the statutory changes made by Senate Bill No. 1437.
The trial court denied the petition without issuing an order to show cause.
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