People v. Young CA2/5

Filed 3/17/21 P. v. Young CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B304813

Plaintiff and (Los Angeles County Respondent, Super. Ct. No. BA384433)

v.

DESTINY YOUNG,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Stephen A. Marcus, Judge. Affirmed. Jonathan E. Demson, 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, Senior Assistant Attorney General, Charles S. Lee and John

Yang, Deputy Attorneys General, for Plaintiff and Respondent. __________________________

Defendant and appellant Destiny Young appeals from the trial court’s postjudgment order denying her petition for resentencing pursuant to Penal Code section 1170.951 and Senate Bill No. 1437 (Senate Bill 1437). Section 1170.95 provides for vacatur of a murder conviction obtained under the natural and probable consequences doctrine or the felony murder theory of liability, if the defendant was not the actual killer, did not intend to kill, and was not a major participant in an underlying felony who acted with reckless disregard for human life. (People v. Martinez (2019) 31 Cal.App.5th 719, 723.) In 2014, Young pleaded guilty to two counts of voluntary manslaughter (§ 192, subd. (a)), three counts of robbery (§ 211), and three counts of attempted robbery (§§ 664/211). She was sentenced to an aggregate determinate term of 25 years. Young filed a petition for resentencing pursuant to section 1170.95 on February 11, 2019. The trial court summarily denied the petition on the grounds that (1) Young was ineligible for relief because she was convicted of voluntary manslaughter, not murder, and (2) the facts of the case showed as a matter of law that she aided and abetted