P. v. Ketsouvannasane CA4/2
In 1995, petitioner Khamchan Bret Ketsouvannasane was convicted of (among other things) first degree murder, with a robbery-murder special circumstance. In 2019, he filed a petition for resentencing under the then-recently amended version of the felony-murder statute. (See §§ 189, subd. (e), 1170.95.) The trial court denied the petition; it ruled that the robbery-murder special circumstance finding conclusively established that he was not eligible for relief.
Petitioner contends that he was entitled to relitigate the robbery-murder special circumstance finding. We disagree. That finding is final and binding, unless and until it is set aside in a habeas corpus or similar proceeding. Hence, we will affirm.
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