California v. CarterAnnotate this Case
This case involved a crime that started as an attempted robbery, and ended in the death of three individuals: the victim of the attempted robbery and two of the defendants' cohorts involved in that crime. A jury convicted defendant Steven Carter of one count of first degree murder and one count of attempted robbery. Defendant Michael Hall pled no contest to voluntary manslaughter, robbery, and an enhancement. Defendants raised separate sentencing challenges on appeal: Carter argued the court violated Penal Code section 654 when it sentenced him to consecutive terms for attempted robbery and first degree murder of the robbery victim; Hall argued the court abused its discretion in imposing a 12-year sentence under the terms of his plea agreement, and that errors were made in calculating his sentence. The Court of Appeal agreed the trial court erred in Hall's subsequent resentencing, but disagreed with Carter's and Hall's remaining sentencing challenges. California Senate Bill No. 1437 amended the murder statutes, sections 188 and 189, and enacted a new statute, section 1170.95 (Stats. 2018, ch. 1015, sections 2-4), establishing procedures for eligible defendants to seek resentencing. The Court concluded Carter and Hall could not raise their claims in this appeal; they had to first petition the superior court for relief under section 1170.95. Judgment as to Carter was affirmed; judgment as to Hall was affirmed as modified.