People v. Hall CA4/1
Opinion
Opinion
DISCUSSION
At the time this case was under review, the unbroken line of appellate authority held that manslaughter and attempted murder convictions by plea were not eligible for relief under section 1170.95. (People v. Turner (2020) 45 Cal.App.5th 428, 431-441.) In Senate Bill 775, the Legislature clarified that it intended persons who pleaded guilty to manslaughter as lesser offenses of murder to be eligible for resentencing just the same as persons who were convicted of murder. Since Hall’s appeal of the order denying resentencing is not yet final on the effective date of Senate Bill 775, he is entitled to any benefits the new statute may provide. (People v. Garcia (2018) 28 Cal.App.5th 961, 973.) We agree with the analysis of the impact of the new legislation on this case as argued by the parties. We will accept the Attorney General’s concession.
DISPOSITION
The order denying Hall’s petition for resentencing under section 1170.95 is reversed. The Superior Court is directed to issue an order to show cause and to hold an evidentiary hearing as required by statute. We express no opinion on the appropriate outcome of such hearing.
HUFFMAN, Acting P. J.