People v. Mancilla CA5

INTRODUCTION

Petitioner Andrew Rogillo Mancilla petitioned the trial court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on two convictions of attempted murder. The court granted the petition, vacated the attempted murder convictions, and resentenced petitioner on the remaining counts. On appeal, petitioner contends relief under section 1172.6 entitled him to a full resentencing, including the ameliorative benefits of Assembly Bill No. 333 (2021–2022 Reg. Sess.), statutes 2021, chapter 699 (Assembly Bill No. 333). We agree and reverse.

PROCEDURAL BACKGROUND2

“On October 19, 2010, [petitioner] was convicted after jury trial in Kings County case No. 10CM7002 of two counts of attempted murder (§§ 664/187, subd. (a); counts 1 & 2), three counts of assault with a deadly weapon (§ 245, subd. (a)(1); counts 3, 4, 5), one count of burglary (§ 459; count 6), three counts of felony vandalism (§ 594, subd. (a); counts 7, 8, 9); and one count of active participation in a criminal street gang (§ 186.22, [former] subd. (a); count 10). The jury found true special allegations that [petitioner] personally inflicted great bodily injury during the…