People v. Moody CA3

Filed 6/23/21 P. v. Moody CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C089151

Plaintiff and Respondent, (Super. Ct. No. STKCRFE20080008390) v.

ANTHONY MOODY,

Defendant and Appellant.

Defendant Anthony Moody appeals the trial court’s order denying his petition for resentencing pursuant to Penal Code1 section 1170.95, arguing the trial court erred when it ruled that his voluntary manslaughter conviction is ineligible for relief under the statute. We affirm.

1 Undesignated statutory references are to the Penal Code.

1

BACKGROUND Defendant and two others robbed various women at gunpoint outside a bar in Stockton. A bystander who tried to intervene was fatally shot. When police arrested defendant, he had the firearm that was used to kill the victim. Defendant was charged with murder (§ 187, subd. (a)), while engaged in the commission of robbery (§§ 190.2, subd. (a)(17)(A), 211), two counts of robbery (§ 211), and discharging a firearm from a vehicle (former § 12034, subd. (d)).2 The complaint also alleged that, during the murder, defendant acted for the benefit of, at the direction of, or in association with a criminal street gang, with the specific intent to promote, further, or assist in criminal conduct by gang members (§ 186.22, subd. (b)(1)), and personally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)). In 2010, defendant pleaded guilty to voluntary manslaughter (§ 192, subd. (a)) and second degree robbery (§ 211), and admitted a firearm enhancement to the robbery offense. The trial court imposed a sentence of 25 years, consisting of: three years for the robbery offense, a consecutive term of two years for voluntary manslaughter (one-third the middle term), and 20 years for the firearm enhancement to the robbery offense. “In 2018, the Legislature passed and the Governor signed into law Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill No. 1437), which restricted the circumstances under which a person can be liable for felony murder and abrogated the natural and probable consequences doctrine as applied to murder. (Stats. 2018, ch. 1015.) [The law added section 1170.95,] . . . a procedure permitting qualified persons with murder convictions to petition to vacate their convictions and obtain resentencing if they were previously convicted of felony murder or murder under the natural and probable