People v. Bennett CA4/2

Filed 1/5/21 P. v. Bennett CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E075071

v. (Super.Ct.No. FSB702182)

DARRIN DWAYNE BENNETT, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Colin J. Bilash,

Judge. Affirmed.

Steven A. Torres, under appointment by the Court of Appeal, for Defendant and

Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Daniel Rogers and Christopher P.

Beesley, Deputy Attorneys General, for Plaintiff and Respondent.

In 2009, after initially being charged with murder, plaintiff and appellant Darrin

Dwayne Bennett pleaded guilty to voluntary manslaughter and admitted a gun

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enhancement. In 2019, he sought resentencing pursuant to Penal Code section 1170.95

(section 1170.95), a statute recently enacted by Senate Bill No. 1437 (Senate Bill 1437).

The trial court denied Bennett’s petition, finding that he was not eligible for relief