People v. Kim CA4/3

INTRODUCTION

Defendant Duy Q. Kim was charged with, inter alia, murder, and pled guilty to voluntary manslaughter. When defendant filed a resentencing petition pursuant 1 to Penal Code section 1170.95, the trial court denied it because section 1170.95, by its terms, only applied to individuals convicted of murder. Section 1170.95 has since been amended and, after January 1, 2022, will also apply to those convicted of voluntary manslaughter. In the interests of judicial economy and justice, we will remand this matter to the trial court for further proceedings to be conducted after January 1, 2022.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

In October 2012, defendant was charged in an information with murder (§ 187, subd. (a) [count 1]); attempted murder (§§ 187, subd. (a), 664, subd. (a) [count 2]); shooting at an occupied motor vehicle (§ 246 [count 3]); possession for sale of a controlled substance (Health & Saf. Code, § 11378 [count 4]); and street terrorism (§ 186.22, subd. (a) [count 5]). The information alleged as to counts 1 through 3 that (1) defendant was vicariously liable as a principal, and that during their commission another principal had intentionally discharged a…