People v. Deras CA2/2

BACKGROUND

Defendant’s plea and sentencing In 2015, defendant was charged with the attempted murder of Robert U. (§§ 664, 187, subd. (a)) with a gang enhancement allegation (§ 186.22, subd. (b)(1)(C)) and several firearm allegations alleged under section 12022.53. On February 24, 2017, defendant entered into a plea agreement under which he pled no contest to the charge, admitted the gang enhancement allegation, and admitted an allegation pursuant to section 12022.5 that he personally used a firearm in the commission of the crime. Pursuant to the agreement, defendant was sentenced to prison for a total term of 27 years. Section 1172.6 petition In October 2022, defendant filed a petition for vacatur of his attempted murder conviction and resentencing pursuant to section 1172.6. Section 1172.6 provides a procedure to petition for retroactive vacatur and resentencing for those who could not be convicted of murder under sections 188 and 189 as amended

All further unattributed code sections are to the Penal Code unless otherwise stated.

2 effective January 1, 2019. (See People v. Lewis (2021) 11 Cal.5th 952, 957 (Lewis).) Sections 188 and 189, the laws pertaining to felony…