People v. Xiong CA5

INTRODUCTION

Defendant Yeng Xiong was convicted of attempted murder and discharging a firearm at an occupied motor vehicle. Following the passage of Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437), defendant filed a petition for resentencing pursuant to Penal Code section 1170.95, asserting he was entitled to resentencing under the new laws. (Undesignated statutory references are to the Penal Code.) The court denied defendant’s petition, concluding he was categorically ineligible for relief because he was not convicted of murder under the felony-murder rule or the natural and probable consequences doctrine. Defendant appealed the denial of his petition and we previously affirmed the trial court’s order, concluding defendant was ineligible for relief from his attempted murder conviction because the plain language of section 1170.95, subdivision (a) limited relief to persons convicted of felony murder or murder under a natural and probable consequences theory. Defendant petitioned for review. The California Supreme Court granted and held the petition and deferred action pending its consideration and disposition in People v. Lopez, S258175. It then transferred the…