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 argued the trial court prejudicially erred in concluding section 1170.95 does not apply to individuals convicted of attempted murder. He also argued the court prejudicially erred by denying his petition without first appointing counsel. On October 6, 2021, we filed an opinion rejecting these contentions. We concluded section 1170.95 did not afford relief to individuals convicted of attempted murder, and consequently, the failure to appoint counsel was harmless error. Barnett filed a petition for rehearing noting that on October 5, 2021, the Governor signed Senate Bill No. 775 (SB 775) into law. (Stats. 2021, ch. 551.) Effective January 1, 2022, SB 775 will amend section 1170.95 to, among other things,…