People v. Hill
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In the appeal case presented, the defendants, Brian Terrell Hill and Clifford Jenkins, sought resentencing under Penal Code section 1172.6 for their convictions of first-degree murder and attempted murder. The defendants were initially convicted based on their involvement in the 1990 kidnapping and subsequent murder of Randy Burge and attempted murder of Kevin Thomas.
The defendants contended that their petitions for resentencing were denied based on a felony murder theory related to kidnapping, which they argued violated ex post facto principles. They stated that at the time of the offense, kidnapping was not an enumerated felony under section 189, subdivision (a) to which felony-murder liability could be attached. However, the court rejected this argument, stating that section 1172.6 does not apply new law retroactively to make formerly innocent conduct criminal, but looks to whether a defendant could be convicted under current law.
The court found substantial evidence supporting the lower court's determination that Hill intended to kill Thomas and was therefore guilty of attempted murder. Similarly, the court found substantial evidence supporting the lower courts' findings that both Hill and Jenkins were guilty of felony murder as major participants in the kidnapping who acted with reckless indifference to human life.
Given these findings, the court affirmed the denial of Hill's and Jenkins' petitions for resentencing under Penal Code section 1172.6.
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