People v. Gonzalez CA4/2

INTRODUCTION

Defendant and appellant Luis Armando Gonzalez appeals from the November 22,

2019 order of the superior court dismissing the petition for resentencing on his 2006

conviction for attempted premeditated murder. (Pen. Code,1 § 1170.95) In an

unpublished decision, we affirmed the order dismissing defendant’s petition on the

ground that persons convicted of attempted murder were not entitled to relief under

section 1170.95. (People v. Gonzalez (Mar. 30, 2021, E074653) [nonpub. opn.].)

The Supreme Court granted review on June 9, 2021, and while review was

pending, the Legislature enacted, and the Governor signed Senate Bill No. 775 into law.

(Stats. 2021, ch. 551, § 2.) Senate Bill No. 775 amended section 1170.95 to clarify,

among other things, that persons convicted of attempted murder under the natural and

probable consequences doctrine are eligible for resentencing under the statute. (Id. at

§§ 1-2.)

On December 22, 2021, the Supreme Court transferred the matter back to this

court with directions to vacate our opinion and reconsider the cause in light of Senate Bill

No. 775. We vacated our opinion and directed the parties to file supplemental…