People v. Hull CA2/5

DISCUSSION

Hull argues Senate Bill No. 775, effective January 1, 2022, expanded the resentencing provisions of section 1170.95 to include attempted murder and manslaughter. He contends that the trial court’s order must be reversed because Senate Bill No. 775 applies to the trial court’s order on his petition for resentencing the attempted murder and manslaughter convictions. The Attorney General concedes the point: “Because this case involved a guilty plea and there is no indication in the record as to whether the prosecution would have relied on the natural and probable consequences doctrine for attempted murder or relied on the felony murder or natural and probable consequences doctrines to pursue murder liability, appellant may be able to establish a prima facie showing of eligibility.” We agree. As recently amended, section 1170.95, subdivision (a), now provides that a petition for resentencing may be filed by “[a] person convicted of . . . attempted murder under the natural and probable consequences doctrine, or manslaughter . . . .” Remand is therefore necessary for the trial court to address Hull’s petition. (See People v. Porter (2022) 73 Cal.App.5th 644, 647; People v.…