A state appeals court has shut down a new bid for relief by Michael Markhasev, the man serving life without the possibility of parole for the 1997 killing of Ennis Cosby in the Sepulveda Pass. The decision keeps the original sentence in place after a trial judge chose not to act on a defense request to recall and resentence Markhasev.
Appeal dismissed by 2nd District
A three-justice panel from the 2nd District Court of Appeal noted that Los Angeles County Superior Court Judge Lauren Weis Birnstein had determined she was "not required to respond" to the defense filing, according to MyNewsLA. The appeal stemmed from a November 2024 petition in which Markhasev's attorneys pointed to his educational efforts in prison, letters of support, and what they described as a "revised and updated reentry plan."
Case background
Markhasev was convicted in July 1998 of first-degree murder for the Jan. 16, 1997, slaying of Ennis Cosby and was sentenced to life in prison without the possibility of parole, the Los Angeles Times reported in its trial coverage. In 2001, he wrote a handwritten letter stating, "I am guilty, and I want to do the right thing," and he then walked away from an earlier attempt to appeal, according to the Times.
What recall and resentencing mean
California law allows courts, in limited situations, to recall a sentence and resentence a defendant, a process governed by Penal Code §1172.1 as amended by AB 600. Judges, however, can also choose not to use that authority. Per California Penal Code §1172.1, resentencing can be initiated by recommendations from prosecutors or corrections officials or by a court on its own motion.
Where the case stands
The appellate panel noted that Markhasev "timely appealed" the trial court’s decision, then later filed a supplemental brief accepting that ruling and asking that the appeal be closed, according to MyNewsLA. With the dismissal now on the books, Markhasev remains in custody under his existing sentence, and any future attempt at resentencing would require a new petition or a fresh recommendation under state law.
