People v. McCoy CA4/2

I. INTRODUCTION

Defendant and appellant, LaKeith LeRoy McCoy, appeals from the

November 22, 2019 order of the superior court, denying his petition for resentencing on

his 2009 conviction for the attempted premeditated murder of Anthony Thompson under

the natural and probable consequences doctrine. (Pen. Code, § 1170.95)1 In an

unpublished decision, we affirmed the order denying McCoy’s petition on the ground that

persons convicted of attempted murder were not entitled to relief under section 1170.95.

(People v. McCoy (Jan. 11, 2021, E074238) [non pub. opn.] (McCoy II).)

Our Supreme Court granted review, and while review was pending, the

Legislature enacted and the Governor signed Senate Bill No. 775 into law. (Senate

Bill 775) (Stats. 2021, ch. 551, § 2.). Senate Bill 775 amended section 1170.95 to clarify,

among other things, that persons convicted of attempted murder under the natural and

probable consequences doctrine are eligible for resentencing under the statute. (Id. at

§§ 1-2.)

Our Supreme court transferred the matter back to this court with directions to

vacate our January 11, 2021 opinion in McCoy II and to reconsider the cause in light of

Senate Bill…