Opinion
A156579
09-18-2019
THE PEOPLE, Plaintiff and Respondent, v. TERRELL LOVE, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Alameda County Super. Ct. No. 124801)
Terrell Love appealed after the trial court denied his petition for a writ of habeas corpus. His appellate attorney has asked the court for an independent review of the record under People v. Wende (1979) 25 Cal.3d 436. We find no arguable issues and affirm.
In March 1995 Love shot an unarmed victim twice and then stood over him and delivered a "kill shot" to his head, then shot the victim's girlfriend who was in a nearby car. Love originally was convicted in December 1999, and this court affirmed. (People v. Love (Sept. 25, 2002, A090513 [nonpub. opn.].) The judgment was set aside after a grant of federal habeas relief. (Love v. Yates (N.D.Cal. 2008) 586 F.Supp.2d. 1155, 1190.) On retrial in 2009, Love was convicted of second degree murder and attempted murder, and this court again affirmed. (People v. Love, supra, A125571.) Since this court filed A125571, Love has filed two petitions for a writ of habeas corpus, which this court has denied. (In re Love (June 13, 2011, A132242) [petn. den.]; In re Love (Aug. 23, 2018, A154862) [petn. den.].)
Like the trial court, we rely on the facts from this court's previous nonpublished opinion affirming Love's conviction. (People v. Love (May 24, 2011, A125571).) --------
On September 30, 2018, the governor signed Senate Bill No. 1437, to become effective on January 1, 2019. The bill amended Penal Code section 189 (section 189) to eliminate aider and abettor liability for murder under the natural and probable consequences doctrine and to modify the conditions under which a defendant could be convicted for felony murder. (Stats. 2018, ch. 1015, § 3.)
In December 2018, using a form from a nonprofit group, Love filed a petition for resentencing under Penal Code section 1170.95, which permits those convicted under the previous version of section 189 to seek resentencing. The memorandum attached to the form was essentially identical to the one Love submitted with one of his previous habeas petitions in this court (A154862), submitted before the passage of Senate Bill No. 1437. The trial court denied the petition on January 16, 2019, for failure to make a prima facie showing that Love was entitled to relief.
Still proceeding without an attorney, Love timely appealed. After his attorney filed a Wende brief, Love requested and was granted an extension of time to file a supplemental brief. He did not file such a brief.
The trial court was correct that relief is unavailable to Love under Penal Code section 1170.95 because he was the actual killer, and he was not convicted of felony murder or murder under a natural and probable consequences theory. The trial court denied relief based on other issues raised in Love's petition because they were not properly presented. This court already addressed those issues in its August 23, 2018 order in No. A154862 denying Love's previous petition for a writ of habeas corpus.
The trial court's order denying Love's petition for a writ of habeas corpus is affirmed.
/s/_________
Humes, P.J. WE CONCUR: /s/_________
Margulies, J. /s/_________
Sanchez, J.