People v. King CA2/5

Filed 8/19/21 P. v. King CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B308568

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA084339) v.

SABRINA OCTAVIA KING,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Darrell Mavis, Judge. Affirmed.

Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant.

Matthew Rodriquez, Acting Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Stacy Schwartz and Eric J. Kohm, Deputy Attorneys General, for Plaintiff and Respondent.

Sabrina King appeals from the trial court’s denial of her petition for resentencing under Penal Code section 1170.95.1 She argues the trial court erred in (1) concluding that section 1170.95 does not apply to manslaughter convictions, and (2) not appointing counsel for her. We agree with a long line of cases that hold only defendants convicted of murder are eligible for relief under section 1170.95. Because appellant’s manslaughter conviction appears on the face of her petition, the trial court correctly denied it. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In 2014, appellant pled no contest to voluntary manslaughter and robbery, and admitted a gang enhancement allegation. The trial court sentenced her to 21 years in prison. In 2019, she petitioned for resentencing under section 1170.95. The trial court summarily denied the petition without appointing counsel or receiving any additional briefing. On September 8, 2020, appellant filed a second petition for resentencing. The court again summarily denied relief, concluding that section 1170.95 “does not apply to defendants convicted of voluntary manslaughter, including through a guilty plea.” Appellant timely appealed. DISCUSSION 1. Appellant is Not Eligible for Resentencing a. Section 1170.95 does not apply to manslaughter convictions The trial court’s ruling that section 1170.95 does not apply to manslaughter is consistent with a series of Court of Appeal