People v. Contreras CA4/1

INTRODUCTION

Anthony Lopez Contreras appealed from the trial court’s denial of his

petition filed under Penal Code1 section 1170.95, in which Contreras sought to vacate his conviction for attempted premeditated murder and to be resentenced. This court affirmed the denial of the petition, concluding that under its express terms, section 1170.95 provided no relief for defendants convicted of attempted murder. The California Supreme Court granted review, and remanded the matter back to this court with directions to vacate its decision and reconsider the cause in light of the newly enacted Senate Bill No. 775 (2021–2022 Reg. Sess.) (Stats. 2021, ch. 551) (Senate Bill 775). We requested and received supplemental briefing from the parties on the following question: “Whether Contreras is precluded from seeking resentencing under Penal Code section 1170.95, where the jury found true the allegation that the attempted murder was willful, deliberate and premeditated.” Contreras argues the case must be remanded for an evidentiary hearing and the issuance of an order to show cause. The Attorney General agrees and concedes it is unclear from the instructions given to the jury and the verdict…