P. v. Mendoza CA5
In 2016, petitioner Lisandro Mendoza 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)). He also admitted a gang enhancement. (§ 186.22, subd. (b)(1)(C).) The trial court sentenced petitioner to an aggregate term of 16 years in state prison.
In 2020, petitioner filed a petition for resentencing pursuant to section 1170.95. The court summarily denied the petition on the ground petitioner was not convicted of first or second degree murder under a felony murder or natural and probable consequences theory.
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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