People v. Cervantes

Filed 1/30/20 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, 2d Crim. No. B298077 (Super. Ct. No. 1260902) Plaintiff and Respondent, (Santa Barbara County) v. DANIEL CERVANTES, Defendant and Appellant. Penal Code1 section 1170.95, subdivision (a) provides, in relevant part, “A person convicted of felony murder or murder under a natural and probable consequences theory may file a petition with the court that sentenced the petitioner to have petitioner’s murder conviction vacated and to be resentenced on any…