People v. Greer CA4/1

Filed 5/6/21 P. v. Greer CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D077939

Plaintiff and Respondent,

v. (Super. Ct. No. SCN290070)

JASON JOE GREER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Robert J. Kearney, Judge. Affirmed. Andrea S. Bitar, under appointment by the Court of Appeal, for Defendant and Appellant. Matthew Rodriguez, Acting Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson and Marvin E. Mizell, Deputy Attorneys General, for Plaintiff and Respondent.

In 2012, Jason Joe Greer was charged with first degree murder (Pen.

Code,1 § 187, subd. (a)), as well as burglary (§ 459), and attempted robbery (§§ 664, 211). In 2013, Greer pleaded guilty to voluntary manslaughter (§ 192, subd. (a)) and attempted robbery (§§ 664, 211). The remaining charges and allegations were dismissed. Greer was sentenced to a determinate term of 19 years four months in prison. In 2019, Greer filed a petition for resentencing under section 1170.95, claiming he pleaded guilty to manslaughter to avoid trial for felony murder under an aider and abettor theory. Accordingly, Greer contends he is entitled to resentencing under section 1170.95, even though he was not convicted of murder. The trial court appointed counsel, received briefing, and reviewed the record of conviction. The court denied the petition finding Greer was not eligible for relief because he was not convicted of murder, which is a necessary prerequisite for relief under the statute. Greer filed a timely notice of appeal. In his appeal, Greer acknowledges all court of appeal decisions regarding eligibility for relief by persons convicted of manslaughter have rejected his contentions. He notes the Supreme Court has not granted review in any of the cases, and we do not have that court’s final word on the issue. He argues all of the appellate decisions rejecting his arguments are simply wrong, including decisions of this court. We will reject Greer’s arguments and adhere to the views we have previously expressed. (People v. Turner (2020) 45 Cal.App.5th 428, 435-439 (Turner).)