P. v. Stewart CA3
Originally charged with first degree murder, defendant ultimately pled no contest to voluntary manslaughter (§ 192), admitted a prior strike conviction (§§ 1170.12, subd. (b), 667, subds. (a) & (d)), and admitted that he was a principal who was armed during the commission of the offense (§ 12022, subd. (a)). The parties agreed that the preliminary hearing served as the factual basis for the plea. In accordance with the plea, the trial court sentenced defendant to an 18-year state prison term.
While defendant was serving his 18-year prison term, he filed a petition for resentencing pursuant to section 1170.95. The trial court denied the petition, finding defendant had not established a prima facie case for resentencing, as he was not convicted of murder, but manslaughter, and based on defendant’s conduct set forth in the preliminary hearing, he was either the killer or a major participant in the killing.
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