People v. Evans CA5

INTRODUCTION

In 1992, a jury convicted petitioner James Edwin Evans of premeditated attempted murder (Pen. Code,1 §§ 187, 664).2 (People v. McGowan, et al. (Mar. 14, 1995, F019199) [nonpub. opn.] (McGowan).) For this offense, he was sentenced to a term of life with the possibility of parole. In 2019, petitioner filed a petition for resentencing 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.), Stats. 2021, ch. 551, §§ 1-2.) Additionally, the parties agree the abstract of judgment contains clerical errors requiring correction. In light of the foregoing, we reverse the trial court’s order denying the petition and remand for further proceedings.

FACTUAL AND PROCEDURAL HISTORY

The facts underlying petitioner’s offenses may be summarized briefly as follows.3 On the evening of July 7, 1992, William M. was home alone when he…