People v. Cruz CA4/3

Filed 2/18/21 P. v. Cruz CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE,

Plaintiff and Respondent, G058219

v. (Super. Ct. No. 07CF2364)

SAMUEL ANTHONY CRUZ, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Kimberly Menninger, Judge. Affirmed. William J. Capriola, 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, A. Natasha Cortina and Tami Falkenstein Hennick, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Samuel Anthony Cruz appeals from the denial of his petition to vacate his manslaughter convictions pursuant to the resentencing provisions of Senate Bill No. 1437 (Sen. Bill 1437). The Legislature enacted Sen. Bill 1437 to change the scope of liability for felony murder and to eliminate liability for murder under the natural and probable consequences doctrine. The Legislature also provided a procedure for eligible defendants to petition for recall and resentencing. The trial court denied Cruz’s petition after determining Sen. Bill 1437 does not apply to manslaughter convictions. Cruz contends Sen. Bill 1437 applies to his convictions because he accepted a plea offer in lieu of a trial at which he could have been convicted of first degree or second degree murder. Along with all appellate courts that have rejected similar contentions, we conclude the resentencing provisions of Sen. Bill 1437 apply only to murder convictions, not manslaughter convictions. (See, e.g., People v. Turner (2020) 45 Cal.App.5th 428, 435-436 (Turner) [Pen. Code, § 1170.95 does not provide relief to persons convicted of manslaughter]; People v. Cervantes (2020) 44 Cal.App.5th 884, 887 (Cervantes) [“The plain language of the statute is explicit; its scope is limited to murder convictions”].) Accordingly, we affirm the court’s order.