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PEOPLE v. TARKINGTON

No. B296331.

49 Cal.App.5th 892 (2020)

THE PEOPLE, Plaintiff and Respondent, v. ANTHONY LYLE TARKINGTON, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

June 2, 2020.

Attorney(s) appearing for the Case

Heather J. Manolakas , under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra , Attorney General, Lance E. Winters and Susan Sullivan Pithey , Assistant Attorneys General, Paul M. Roadarmel, Jr. , Stacy S. Schwartz , Idan Ivri and Amanda V. Lopez , Deputy Attorneys General, for Plaintiff and Respondent.

Jackie Lacey , Los Angeles County District Attorney, Phyllis C. Asayama and Matthew Brown , Deputy District Attorneys; Ricardo D. Garcia , Public Defender of Los Angeles County, Albert J. Menaster , Deputy Public Defender; Erika C. Anzoategui , Alternate Public Defender of Los Angeles County, Michael Goodman , Deputy Alternate Public Defender; The Justice Collaborative and Kate L. Chatfield , Senior Advisor for Legislation and Policy, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

In 1997, defendant and appellant Anthony Lyle Tarkington was convicted by a jury of second degree murder, with a finding that he personally used a dangerous and deadly weapon, a knife. After passage of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437), Tarkington

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