P. v. Thacker CA5
In October 2015, appellant Brian David Thacker (appellant) pleaded guilty to second degree murder and was sentenced to the second strike term of 30 years to life plus five years, pursuant to a negotiated disposition.
In 2020, appellant filed a petition in the superior court for resentencing pursuant to Penal Code section 1170.91, that provides “[e]ffective January 1, 2015, sentencing courts must consider any trauma, substance abuse, and mental health problems caused by a defendant’s service in the United States military as mitigating factors weighing in favor of a low-term sentence,” and allows “people sentenced before January 1, 2015, to petition for a resentencing hearing in which the court takes into account mitigating factors related to military service.” (People v. Bonilla-Bray (2020) 49 Cal.App.5th 234, 238.) The court denied the petition.
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