People v. Lemeur CA4/1

INTRODUCTION

Steven Eugene Lemeur was convicted of one count of premeditated

attempted murder (Pen. Code,1 §§ 187, subd. (a), 664), among other offenses. In 2019, he petitioned to vacate his attempted murder conviction and obtain resentencing under section 1170.95. The trial court found section 1170.95 did not apply to his attempted murder conviction and dismissed the resentencing petition. We affirmed the summary dismissal order on the same grounds, and the Supreme Court granted review. (People v. Lemeur (Oct. 23, 2020, D076846) [nonpub. opn.].) While the case was pending review, the Governor signed Senate Bill No. 775 (2020–2021 Reg. Sess.) into law. Senate Bill No. 775 amended section 1170.95 to “[c]larif[y] that persons who were convicted of attempted murder or manslaughter under a theory of felony murder and the natural probable consequences doctrine are permitted the same [resentencing] relief as those persons convicted of murder under the same theories.” (Stats. 2021, ch. 551, § 1(a).) After Senate Bill No. 775 went into effect, the Supreme Court transferred the case to our court with instructions to vacate our prior decision and reconsider the cause in light of Senate…