People v. Barnett CA2/4

INTRODUCTION

In 2010, a jury convicted defendant and appellant Duane Barnett of attempted murder and found firearm and gang allegations true. The trial court sentenced him to 40 years to life in state prison. In 2020, Barnett filed a petition for resentencing under Penal Code section 1170.95.1 The trial court summarily denied the petition, concluding Barnett was ineligible for relief as a matter of law because he was convicted of attempted murder, not murder. On appeal, Barnett argues reversal is required because the trial court erred in concluding section 1170.95 does not apply to individuals convicted of attempted murder. He also argues the court prejudicially erred by denying his petition without first appointing counsel. We reject these contentions and affirm the order denying Barnett’s petition.

PROCEDURAL BACKGROUND

In 2010, a jury convicted Barnett of attempted murder (count one; §§ 664/187, subd. (a)) and assault with a deadly weapon (count two; § 245, subd. (a)(2)). The jury found true firearm and gang allegations attached to counts one and two. (§§ 12022.53, subds. (b)-(d), 186.22, subd. (b) [count one]; §§ 12022.5, subd. (a), 186.22, subd. (b) [count two].) The trial…