Wife stabber’s appeal on resentencing abandoned
Duane Magee, who appealed after his 1170.95 petition for resentencing was denied, has abandoned his appeal by not filing a supplemental brief, an unpublished July 11 appellate ruling says.
A recent change to state law established that people cannot be convicted of murder unless they directly murder someone. A 1170.95 petition allows people convicted of murders due to their tangential involvement in the crime to have their murder sentence vacated. The trial court, and the Court of Appeal, established the law does not apply to Magee because he directly murdered his wife.
The unpublished July 11 opinion said Magee, who called 9-1-1 to