People v. Ramirez CA2/4
Opinion
Opinion
INTRODUCTION
Appellant Efrain Ramirez appeals from the superior court’s denial of his petition for resentencing filed under Penal Code section 1170.95, alleging he was convicted of two counts of attempted murder and requesting the appointment of counsel.1 The superior court denied his petition without appointing counsel, concluding that persons convicted of attempted murder are ineligible for relief under section 1170.95. After this appeal was deemed submitted but before we issued an opinion, the Governor approved Senate Bill No. 775 (2021-2022 Reg. Sess.) (SB 775). (Stats. 2021, ch. 551, § 2.) This legislation, which takes effect on January 1, 2022, amends section 1170.95 to permit certain persons convicted of attempted murder to seek relief. (Cal. Const., art. IV, § 8; Stats. 2021, ch. 551, § 2.) Accordingly, we vacated the submission of this appeal and requested further briefing on the effects of SB 775 on this appeal. In their supplemental briefing, both parties agreed that the matter should be remanded to permit the superior court to appoint counsel for appellant and conduct further proceedings under the new section 1170.95 after January 1, 2022. We agree.