P. v. Devlin CA2/1
In 2001, a jury convicted Paul Devlin of attempted murder, residential robbery, criminal threats, and unlawfully driving or taking a vehicle, and the trial court found he had committed two prior serious or violent felonies. He was sentenced to 50 years to life in prison. On February 13, 2019, Devlin filed a petition in the superior court for resentencing under Penal Code section 1170.95, which offers resentencing to those convicted of murder under specified theories, and requested the appointment of counsel. The trial court summarily denied the petition without appointing counsel, finding Devlin was ineligible for relief because he had been convicted of attempted murder, not murder.
We affirmed the court’s order.
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