People v. Sherry CA6, H050848

Artierey Aguilar Sherry, an admitted gang member, was involved in a fatal shooting in 2017 and subsequently charged with murder and weapons offenses.
After the enactment of Senate Bill 1437 in 2019 (which narrowed certain murder liability theories), Sherry entered a plea agreement and pleaded no contest to voluntary manslaughter and carrying a loaded firearm.
He was sentenced to 14 years and 8 months in prison in October 2019; the murder charge was dismissed.
In 2022, after Senate Bill 775 expanded eligibility for resentencing relief to some convicted of manslaughter, Sherry filed a petition for resentencing under Penal Code section 1172.6.
The trial court denied his petition, finding he was ineligible as a matter of law because he benefited from the changes in murder law prior to his conviction and was never prosecuted under an invalid theory subsequently abrogated by Senate Bill 1437.
Sherry appealed, arguing for retroactive benefit from SB 775.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Eligibility for resentencing under PC 1172.6 after SB 1437 & 775	Sherry met all requirements; plea would be different post-SB 775	Sherry was not prosecuted under a now-invalid theory; ineligible	Sherry ineligible; the prosecution could not have proceeded on abrogated theories when he pleaded no contest.
Whether changes in law allow challenge to voluntary manslaughter	No way to challenge manslaughter plea before SB 775	Not facing broader murder liability post-SB 1437	No relief; at time of conviction, law already prevented prosecution under invalid murder theories.
Due process violation in denying resentencing petition	Denying petition infringed due process rights	Law’s requirements not met—no qualifying legal change to conviction	No due process violation; denial was based on correct application of law.
Applicability of SB 775 to convictions after SB 1437 but before SB 775	Could have pleaded to lesser charge if SB 775 had been law	Scope of relief does not apply to convictions like Sherry’s	SB 775 does not alter ineligibility—relief intended for those convicted under previously valid but now-invalid murder laws.

People v. Gentile, 10 Cal.5th 830 (Cal. 2020) (SB 1437’s impact on felony murder and murder under natural and probable consequences doctrine)
People v. Strong, 13 Cal.5th 698 (Cal. 2022) (clarification of retroactive relief procedure for murder convictions under invalid theories)
People v. Reyes, 97 Cal.App.5th 292 (Cal. Ct. App. 2023) (section 1172.6 only aids those convicted under now-invalid murder theories; not applicable to post-SB 1437 convictions)