People v. Cervantes

Filed 1/30/20 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B298077 (Super. Ct. No. 1260902) Plaintiff and Respondent, (Santa Barbara County)

v.

DANIEL CERVANTES,

Defendant and Appellant.

Penal Code1 section 1170.95, subdivision (a) provides, in relevant part, “A person convicted of felony murder or murder under a natural and probable consequences theory may file a petition with the court that sentenced the petitioner to have petitioner’s murder conviction vacated and to be resentenced on any remaining counts when all of the following conditions apply: [¶] . . . The petitioner was convicted of first degree or second degree murder . . . .” (Italics added.) Daniel Cervantes was convicted of voluntary manslaughter. (§ 192, subd. (a).) He appeals an order denying his petition for resentencing under section 1170.95. We conclude that section

1 All statutory references are to the Penal Code.

1170.95 applies only to murder convictions; his exclusion from section 1170.95 does not violate his right to equal protection. We affirm. FACTS In 2012, Cervantes had been charged with murder. He entered a no contest plea to voluntary manslaughter. He was sentenced to an aggregate term of 13 years in state prison. In 2019, following the passage of Senate Bill No. 1437 (2017-2018 Reg. Sess.), Cervantes filed a section 1170.95 petition for resentencing. The trial court denied the petition, ruling that he was not eligible for relief under section 1170.95. DISCUSSION Section 1170.95 and Voluntary Manslaughter Convictions Cervantes contends that section 1170.95 is not limited to murder convictions; that it authorizes resentencing for his voluntary manslaughter conviction. In interpreting a statute, we first look at the words the Legislature used. “ ‘ “[I]f the statutory language is not ambiguous, then . . . the plain meaning of the language governs.” ’ ” (People v. Colbert (2019) 6 Cal.5th 596, 603.) Here the language of the statute unequivocally applies to murder convictions. There is no reference to the crime of voluntary manslaughter. To be eligible to file a petition under section 1170.95, a defendant must have a first or second degree murder conviction. The plain language of the statute is explicit; its scope is limited to murder convictions. (People v. Colbert, supra, 6 Cal.5th at p. 603.) Of course, “ ‘language of a statute should not be given a literal meaning if doing so would result in absurd consequences which the Legislature did not intend.’ ” (People v. Pieters (1991)