P. v. Gentry CA4/2
In 2018, defendant Adrian Gentry pled guilty to one count of voluntary manslaughter (Pen. Code, § 192, subd. (a)), as well as one count of assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)), and admitted an allegation that a principal used a firearm (§ 12022, subd. (d)), in return for dismissal of charges of murder, attempted murder, gun discharge allegations, and gang enhancement allegations. Following the enactment of Senate Bill No. 1437, amending sections 188 and 189, pertaining to felony murder and the natural and probable consequences doctrine, defendant filed a petition for resentencing pursuant to section 1170.95. The trial court summarily denied the petition on the ground that resentencing relief was limited to convictions for murder. Defendant appealed that denial.
While defendant’s appeal was pending, the Legislature amended section 1170.95 to extend its resentencing provisions to convictions for attempted murder and manslaughter.
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