Porter
People v. Porter
Opinion
Opinion
Detjen, J.
INTRODUCTION
In 2008, a jury convicted petitioner Nathaniel David Porter on two counts of attempted murder of a police officer (Pen. Code,1 §§ 187, subd. (a), 664, id., subd. (e)).2 (People v. Porter (Oct. 27, 2009, F055715) [nonpub. opn.] (Porter).) For these offenses, he was sentenced to two consecutive terms of life with the possibility of parole. In 2020, petitioner filed a petition for resentencing on his attempted murder convictions pursuant to section 1170.95. The court summarily denied the petition on the ground section 1170.95 does not apply to convictions for attempted murder. During the pendency of this appeal, section 1170.95 was amended to expressly permit resentencing of certain persons convicted of attempted murder under a natural and probable consequences theory. (§ 1170.95, subd. (a); see Sen. Bill No. 775 (2021-2022 Reg. Sess.) (Sen. Bill No. 775); Stats. 2021, ch. 551, §§ 1-2.) The parties now agree the matter must be remanded for the trial court to determine whether petitioner has made a prima facie showing of entitlement to relief. In light of the foregoing, we reverse the trial court’s order denying the petition and remand for further proceedings.