People v. Moreno CA4/2

BACKGROUND

In July 2019, defendant entered into a plea of guilty to charges of attempted

murder (§§ 187, subd. (a), 664, count 1) and assault with a firearm (§ 245, subd. (a)(2),

count 7). He admitted the attempted murder was willful, deliberate, and premeditated,

and also admitted a section 186.22, subdivision (b)(1)(c) gang enhancement as to count 1.

The parties stipulated the plea had a factual basis and the trial court sentenced defendant

to a total indeterminate term of 15 years to life for the attempted murder, with a

concurrent determinate mid-term of three years for the assault with a firearm.

In February 2024, the court denied defendant’s August 2023 section 1172.

petition. Defendant timely noticed this appeal and we appointed counsel to represent

him.

Defendant’s petition was filed on a section 1170.95 petition form. Section 1170.95, which became effective January 1, 2019 (Sen. Bill No. 1437, Stats. 2018, ch. 1015, § 4), amended sections 188 and 189 to limit the reach of the felony-murder rule and to eliminate the natural and probable consequences doctrine in cases of first and second degree murder. The statute was amended effective January 1, 2022,…