People v. Slaughter CA1/3

Filed 2/9/23 P. v. Slaughter CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A163706 v. (Alameda County TERRY LAWRENCE SLAUGHTER, Super. Ct. No. 80264)

Defendant and Appellant.

In 1980, defendant Terry Lawrence Slaughter committed a burglary during which his coperpetrator killed a security guard. In 1986, Slaughter was convicted of murder. He later petitioned for resentencing, arguing his murder conviction was no longer valid in light of recent amendments to the felony-murder law. (Pen. Code, § 1172.6; statutory references are to this code.1) The trial court granted the petition and, based on an agreement between the People and Slaughter, it resentenced him for the target offense of robbery. On appeal, Slaughter argues the court abused its discretion by designating robbery, rather than burglary, as his underlying felony. We affirm.

Slaughter originally petitioned for resentencing under former section 1

1170.95. While this appeal was pending, section 1170.95 was amended and renumbered as section 1172.6. (Stats. 2022, ch. 58, § 10, eff. June 30, 2022.) We refer to the renumbered provision. 1

BACKGROUND Slaughter lived with Edison Forward, who Slaughter said was formerly in prison for “murder or suspicio[n] [of] murder.” (People v. Slaughter (1984) 35 Cal.3d 629, 634 (Slaughter I).) Forward had a .22-caliber rifle, a pistol, and a considerable amount of stolen property in the apartment. (Id., at p. 635.) Together, Slaughter and Forward committed approximately four to five burglaries each night. (Id., at p. 634) Forward generally drove the two of them to the Oakland hills to select targets. (Ibid.) Slaughter would remain in the car as a lookout while Forward committed the burglaries. (Ibid.) Early one morning in July 1980, Forward drove Slaughter to a home. (Slaughter I, supra, 35 Cal.3d at p. 634.) Forward, who was under the influence of drugs and alcohol, parked the car at the curb, took out a gun, and walked alongside the house, which was located by a gas station. (People v. Slaughter (Nov. 6, 1989, A037700) [nonpub. opn.] (Slaughter II).) Slaughter, who remained in the car, heard a few gun shots and saw Forward running back from the side of the house to the car. Police later discovered a victim who was shot and killed close to that location; the victim was in a car parked at the gas station. (Slaughter I, at p. 634.) Slaughter was arrested a few weeks later in a stolen car. In the car, police found a .38-caliber loaded revolver, later identified as being registered to the victim. Slaughter was charged with murder and prosecuted on various theories, including premeditated murder and felony murder. The jury instructions included both burglary and robbery as underlying felonies for a felony-murder conviction. The jury found Slaughter guilty of first degree murder, and the trial court sentenced him to 26 years to life in prison. In an appeal from the judgment, Slaughter noted the jury verdict did not specify whether burglary or robbery was the underlying felony, and he 2