P. v. Allen CA2/3
In 1997, a jury convicted Alton Charles Allen of the first degree murder of Emery Hughes. The jury also found true the allegations that Allen personally used a deadly and dangerous weapon (a knife) and committed the murder during a burglary. This court affirmed Allen’s conviction on direct appeal in 1999. (People v. Allen (1999) 72 Cal.App.4th 1093 (Allen I).)
In 2021, Allen filed a petition for resentencing under Penal Code section 1170.95, arguing he could not now be convicted of first or second degree murder under sections 188 and 189 as those statutes were amended by Senate Bill No. 1437 (S.B. 1437).
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