People v. Martinez CA3

BACKGROUND

In 2003, a jury found defendant guilty of attempted second degree murder, discharging a firearm, two counts of assault with a semiautomatic firearm, possession of stolen property, first degree robbery, and first degree burglary. The jury also found true firearm enhancement allegations. The trial court sentenced defendant to an aggregate term of 33 years eight months in state prison. Defendant appealed his conviction, which we affirmed. (People v. Martinez (Feb. 20, 2007, C049234) [nonpub. opn.].) In March 2019, defendant filed a petition for writ of habeas corpus in the trial court, seeking dismissal of his attempted murder conviction pursuant to section 1170.95. The trial court ordered the writ petition be “construed as a . . . § 1170.95 petition in Case No. 03F01514 itself.” The court ruled defendant was not eligible for section 1170.95 resentencing because section 1170.95 applies only to defendants convicted of murder, not attempted murder. The court, however, also found defendant may have an equal protection claim. Accordingly, the court appointed counsel and directed both parties to submit briefs addressing the equal protection claim, as well as whether defendant…