People v. Laster CA4/2

I.

INTRODUCTION

In 1995, a jury found defendant and appellant Ventrice Laster guilty of four counts 1 of attempted murder with premeditation and deliberation (Pen. Code, §§ 664, 187,

subd. (a)), along with other crimes. In 2019, Senate Bill No. 1437 (Reg. Sess. 2017-

2018) went into effect and now allows a defendant convicted of murder to petition a court

under section 1170.95 to have the murder conviction vacated.

The trial court denied defendant’s section 1170.95 petition because defendant was

convicted of attempted murder, not murder. Defendant appeals, arguing that he is

entitled to relief under section 1170.95. We disagree and affirm the trial court’s order.

II.

PROCEDURAL BACKGROUND

Defendant was charged with four counts of attempted willful, deliberate, and 2 premeditated murder (§§ 187, 664). As to each count, the information alleged, among

other things, that defendant committed the offenses because of the victim’s race, color,

religion, nationality, country of origin, or ancestry, and while acting in concert with

another person (former § 422.75, subd. (b); now § 422.75, subd. (c)). The jury found

defendant guilty on all counts, found that the attempted…