P. v. Robles CA5
In 2016, petitioner Jeanette Robles pled no contest to one count of voluntary manslaughter (Pen. Code, § 192, subd. (a)) as a lesser included offense of the charge of premeditated murder (§ 187, subd. (a)). She also admitted a gang enhancement. (§ 186.22, subd. (b)(1)(C).) The trial court sentenced petitioner to an aggregate term of 21 years in state prison.
In 2019, petitioner filed a petition for resentencing pursuant to section 1170.95. The court summarily denied the petition on the ground section 1170.95 does not provide for resentencing of defendants who were convicted of voluntary manslaughter.
During the pendency of this appeal, section 1170.95 was amended to expressly permit resentencing of certain persons convicted of manslaughter. (§ 1170.95, subd. (a); see Sen. Bill No. 775 (2021-2022 Reg. Sess.) (Sen. Bill No. 775); Stats. 2021, ch. 551, §§ 1-2.)
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