People v. Munguia CA4/1

DISCUSSION

Senate Bill 775 was effective January 1, 2022. It is applicable to all cases not final on appeal as of the effective date of the statute. (People v. Vieira (2005) 35 Cal.4th 264, 305.) Munguia’s appeal is not yet final; thus, he is entitled to any benefit that may arise from the new statute. Of course, the trial court did not have the benefit of the new statute when it ruled on Munguia’s petition. The Attorney General points out the jury in Munguia’s trial was instructed on the doctrine of natural and probable consequences as it relates to attempted murder. Based on the current record, the parties correctly agree that Munguia’s petition states a prima facie case for relief. Therefore, we must reverse the order denying the petition and remand for an evidentiary hearing.

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DISPOSITION

The order denying Munguia’s petition for resentencing under section 1170.95 is reversed. The matter is remanded to the Superior Court with directions to issue an OSC and conduct an evidentiary hearing as required by statute. We express no opinion as to the appropriate outcome of such hearing.

HUFFMAN, Acting P. J.

WE CONCUR:

AARON, J.

DO, J.

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