People v. Kishor CA3

DISCUSSION

Senate Bill No. 775 was passed as nonurgency legislation during the regular session and its amendments to section 1170.95 became effective January 1, 2022. (Cal. Const., art. IV, § 8, subd. (c)(1); see also People v. Camba (1996) 50 Cal.App.4th 857, 862.) Among other things, the bill amends section 1170.95 to apply to a petitioner who “was convicted of . . . attempted murder” after accepting a “plea offer in lieu of a trial at which the petitioner could have been convicted of murder or attempted murder.” (Stats. 2021, ch. 551, § 2.) Because section 1170.95, as amended, now applies to petitioners convicted of attempted murder, such as defendant, we agree defendant is entitled to the benefit of the new legislation. (See Western Security Bank v. Superior Court (1997) 15 Cal.4th 232, 243.) Under the amended section 1170.95, subdivision (c), if the petitioner makes a prima facie showing he or she is entitled to relief, the trial court must issue an order to show cause and hold a hearing to determine whether to vacate the conviction and resentence the petitioner. (§ 1170.95, subd. (c).) Section 1170.95, subdivision (d) further prescribes the process of that hearing and the…