People v. Castro CA4/2

BACKGROUND

In 1994, defendant was found guilty of four counts of attempted murder with

firearm enhancements (§§ 664, 187, & former § 12022) and one count of conspiracy to

commit murder (§§ 182, 187). The trial court struck the enhancements and sentenced

defendant to indeterminate consecutive life sentences on each of the four attempted

murder convictions and, as to the conspiracy count, 25 years to life to run consecutive to

the sentences imposed on the attempted murder counts.

On January 1, 2019, Senate Bill No. 1437 became effective. (Stats. 2018,

ch. 1015.) That measure amended sections 188 (defining malice) and 189 (defining

degrees of murder) to limit the reach of the felony murder rule and the natural and

probable consequences doctrine as it relates to murder. (Stats. 2018, ch. 1015, §§ 2, 3.)

The bill did not mention laws concerning attempted murder.

In February 2021, defendant filed a petition pursuant to section 1170.95 seeking

resentencing under the new laws. Upon receipt of the petition, the trial court clerk set the

matter for a status conference.

Defendant was not present but was represented by counsel on February 26, 2021,

when the sentencing court…