People v. Aguilera CA2/5

DISCUSSION

1. Section 1170.95 does not apply to convictions of attempted murder In support of his argument that section 1170.95 applies to attempted murder convictions, appellant cites to People v. Medrano (2019) 42 Cal.App.5th 1001, review granted March 11, 2020, S259948 (Medrano), People v. Larios (2019) 42 Cal.App.5th 956, review granted February 26, 2020, S259983 (Larios), and People v. Sanchez (2020) 46 Cal.App.5th 637, review granted June 10, 2020, S261768 (Sanchez). While these cases all conclude that Senate Bill No. 1437 applies to attempted murder on direct appeal, Medrano and Larios also held that defendants convicted of attempted murder are not eligible for resentencing under section 1170.95. (Medrano, at pp. 1015–1016; Larios, at pp. 968–970.) The court in Sanchez did not address the issue. By contrast, no appellate court has held that section 1170.95 applies to defendants convicted of attempted murder. According to the plain language of section 1170.95, the statute applies to “[a] person convicted of felony murder or murder under a natural and probable consequences theory” (§ 1170.95, subd. (a)), and not to petitioners seeking relief from a final conviction of…