People v. Robles CA2/3

Good Law
Court of Appeal of CaliforniaFebruary 16, 2022B308432ACalifornia1,068 words

Opinion

Opinion

INTRODUCTION

Armando Robles, Jr. (Robles) was convicted of two counts of attempted murder and one count of shooting at an occupied vehicle. After Senate Bill No. 1437 (S.B. 1437) was enacted (Stats. 2018, ch. 1015), Robles filed a petition for resentencing of his attempted murder convictions under Penal Code1 section 1170.95. We affirmed the trial court’s order denying Robles’s petition because, at the time, attempted murder wasn’t listed as an offense eligible for resentencing under section 1170.95. (People v. Robles (June 29, 2021, B308432) [nonpub. opn.].) After we issued our original opinion, the California Legislature enacted Senate Bill No. 775 (2021–2022 Reg. Sess.) (S.B. 775), making attempted murder an offense eligible for resentencing under section 1170.95. The California Supreme Court granted Robles’s petition for review and ordered us to reconsider his appeal in light of S.B. 775. We now reverse the order denying Robles’s resentencing petition and remand the matter with directions for the court to appoint counsel to represent Robles and to reconsider his petition under the newly amended section 1170.95.

BACKGROUND

A jury convicted Robles and a codefendant of two…

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