People v. Oden CA2/5

California Court of Appeal May 18, 2021 No. B307303MUnpublished

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Holding. The court affirmed the denial of the defendant's Penal Code section 1170.95 petition because the record of conviction established he was convicted as a direct aider and abettor, not under the felony murder rule or the natural and probable consequences doctrine.

Issues

Did the trial court err in denying the defendant's petition for resentencing under Penal Code section 1170.95?

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The court found defendant was not entitled to relief because he was convicted of Gamora’s murder as a direct aider and abettor.”

“The record of conviction, however, shows otherwise and defendant is not entitled to relief.”

Filed 5/18/21 P. v. Oden CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B307303

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA048461) v. ORDER MODIFYING TERRELL ODEN, OPINION

Defendant and Appellant. [NO CHANGE IN JUDGMENT]

The opinion filed on May 3, 2021, is modified to substitute “James Otto, Judge” for “Shannon Knight, Judge” on the caption page. There is no change in judgment.

___________________________________________________________ BAKER, J. RUBIN, P. J. MOOR, J.

Filed 5/3/21 P. v. Oden CA2/5 (unmodified opinion) NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

People v. Oden CA2/5

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B307303

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B307303

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TERRELL ODEN,

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

BAKER, J.

RUBIN, P. J. MOOR, J.

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