People v. Rainey CA4/2

INTRODUCTION

In 2012, defendant and appellant Tyrell James Rainey was convicted of first

degree attempted murder (Pen. Code,1 §§ 664/187, subd. (a)) as an aider and abettor

based on the natural and probable consequences theory. About seven years later, in 2019,

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.

Rainey (Apr. 28, 2020, E072758), we affirmed the trial court’s order. The Legislature,

however, 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

eligible for resentencing relief. (Stats. 2021, ch. 551, § 1.)

Following the issuance of our prior opinion upholding the trial court’s order,

defendant filed a petition for review in the California Supreme Court (S262396). The

Supreme Court granted review and on February 16, 2022, transferred the matter to us

with directions to vacate our prior decision and reconsider the cause in light of Senate

Bill…