People v. Sirypangno CA4/1

I.

INTRODUCTION

In 2008, Konesavanh Donald Sirypangno was convicted by a jury of first degree murder, attempted murder, and assault with a semiautomatic firearm, with true findings that the crimes were committed for the benefit of a criminal street gang, that Sirypangno was a principal and that a principal personally and intentionally discharged a firearm causing great bodily injury or death. In April 2019, Sirypangno filed a petition for resentencing under Penal Code section 1170.95.1 Section 1170.95 altered liability for those convicted of felony murder and murder under the natural and probable consequences doctrine and provided such defendants a means to petition the court for resentencing. In his section 1170.95 petition, Sirypangno sought reversal of his convictions for second degree murder and attempted murder. The People opposed the petition, arguing that Sirypangno is not entitled to relief as a matter of law based on this court’s decision in the state habeas corpus proceeding in which Sirypangno’s murder conviction was reduced to second- degree murder. The trial court denied Sirypangno’s petition without issuing an order to show cause or holding an evidentiary hearing.…