P. v. Sabbath CA4/3
Defendant Charles Oscar Sabbath, previously convicted of first degree murder, first degree robbery and first degree residential burglary, and serving two consecutive 25-years-to-life prison terms, appeals from the trial court’s denial of his petition for resentencing under Penal Code section 1170.95 (Petition). He acknowledges he was a major participant in the underlying robbery which led to two people being killed, but contends the trial court erred in finding he acted with a reckless indifference to human life, rendering him ineligible for resentencing. We disagree. At the evidentiary hearing concerning the Petition, the trial court considered all the testimony from defendant’s trial, including the testimony defendant gave in his own defense.
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