People v. Hernandez CA4/2

INTRODUCTION

In 2012, pursuant to a plea agreement, defendant and appellant Ruben Julio

Hernandez pleaded guilty to second degree attempted murder (Pen. Code, 1 §§ 664/187,

subd. (a); count 5), which was based on the natural and probable consequences theory.

He also admitted sentencing enhancements pursuant to sections 186.22,

subdivision (b)(1), and 12022, subdivision (a)(1). In exchange, the remaining charges

and enhancement allegations were dismissed, and defendant was sentenced to 20 years in

state prison––nine years for the attempted murder, one year for the firearm enhancement,

and 10 years for the gang enhancement.

About eight years later, in 2020, defendant filed a petition for resentencing

pursuant to section 1170.95. The trial court summarily denied the petition finding

section 1170.95 did not apply to attempted murder, which was the correct result at the

time. In a prior nonpublished opinion, People v. Hernandez (June 23, 2021, E075834),

we affirmed the trial court’s order. But the Legislature since has passed and the

Governor has signed Senate Bill No. 775 (2020-2021 Reg. Sess.), which makes clear that

persons convicted of attempted murder could be…