People v. Hernandez CA2/7

INTRODUCTION

Antonio Manuel Hernandez appeals from the superior court’s postconviction order denying his petition for resentencing under Penal Code section 1172.6.1 In 2020, Hernandez pleaded no contest to attempted murder and admitted to personal discharge of a firearm, and he was sentenced to 17 years. Hernandez filed a resentencing petition in 2023. The superior court determined at the prima facie hearing that Hernandez was not entitled to relief under section 1172.6 because the changes to the law eliminating the natural and probable consequences doctrine as a basis for liability for murder (and therefore attempted murder) had already taken effect at the time of his plea in 2020 as a result of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437). Hernandez contends, the People concede, and we agree the superior court erred in determining Hernandez was ineligible for relief as a matter of law because it was not until the enactment of Senate Bill No. 775 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 551, § 2) (Senate Bill 775) in 2022 that the Legislature clarified that Senate Bill 1437’s ameliorative changes applied to individuals convicted of attempted murder and…