P. v. Basler CA4/1
After having his first degree murder conviction reduced to second degree murder based on instructional Chiu error (People v. Chiu (2014) 59 Cal.4th 155), Matthew Alexis Basler filed a petition for resentencing under Penal Code section 1170.95. Following an evidentiary hearing at which Basler was not present, the trial court denied the petition, ruling (1) Basler was ineligible for relief under section 1170.95, subdivision (a) because he was not convicted of felony murder or murder under a natural and probable consequences theory, but was convicted of first degree premeditated murder; and (2) Basler could still be convicted of murder even after the changes made to sections 188 and 189 effective January 1, 2019. The court further found “as an independent factfinder” beyond a reasonable doubt that Basler committed first degree premeditated murder and that he harbored premeditated intent before killing the victim.
On appeal, Basler contends the trial court erred by its ruling.
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