Opinion
B297728
04-21-2020
THE PEOPLE, Plaintiff and Respondent, v. FABIAN LIMON, Defendant and Appellant.
Elizabeth K. Horowitz, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Acting Assistant Attorney General, Amanda V. Lopez and Nicholas J. Webster, Deputy Attorneys General, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. BA395711) APPEAL from an order of the Superior Court of Los Angeles County. Craig J. Mitchell, Judge. Affirmed. Elizabeth K. Horowitz, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Acting Assistant Attorney General, Amanda V. Lopez and Nicholas J. Webster, Deputy Attorneys General, for Plaintiff and Respondent.
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Fabian Limon (appellant) appeals the denial of his petition under Penal Code section 1170.95 for resentencing. We find no error and affirm the order.
All statutory references are to the Penal Code unless otherwise indicated.
Section 1170.95 permits a criminal defendant to petition for resentencing if he or she was convicted under a theory of felony murder or murder under the natural and probable consequences doctrine, and if he could not have been convicted under sections 188 and 189 as amended by Senate Bill No. 1437 (Stats. 2018, ch. 1015), which was effective January 1, 2019. (People v. Ramirez (2019) 41 Cal.App.5th 923, 928929.)
FACTS
Appellant pleaded guilty to voluntary manslaughter and admitted a gang allegation. On January 20, 2015, the trial court sentenced him to 11 years in state prison. On March 5, 2019, appellant filed a section 1170.95 petition for resentencing, and the trial court denied it. This timely appeal followed.
DISCUSSION
Section 1170.95 only applies to murder convictions. It does not apply to criminal defendants who accepted pleas of voluntary manslaughter in lieu of facing a murder trial. This statute is not a denial of appellant's right to equal protection. (People v. Cervantes (2020) 44 Cal.App.5th 884, 886; People v. Flores (2020) 44 Cal.App.5th 985, 992-997; People v. Turner (2020) 2020 Cal.App.LEXIS 131, p. *4.) Because appellant pleaded guilty to voluntary manslaughter, the trial court properly denied appellant's petition.
DISPOSITION
The order is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.
/s/_________, J.
ASHMANN-GERST We concur: /s/_________, P. J.
LUI /s/_________, J.
HOFFSTADT