People v. Starling CA5

INTRODUCTION

In 2012, appellant Gregory William Starling was convicted of premeditated attempted murder and sentenced to the second strike term of 14 years to life, plus 25 years to life for the personal discharge of a firearm causing great bodily injury.

* Before Hill, P. J., Detjen, J. and Meehan, J. In 2020, Starling filed a petition for resentencing of his conviction for premeditated attempted murder pursuant to Penal Code1 section 1170.95. The superior court summarily denied the petition because Starling was convicted of attempted murder and not murder and ineligible for relief under the then-existing statutory provisions. On appeal, Starling’s appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).) We ordered further briefing from the parties as to whether the instant appeal was affected by the enactment of Senate Bill No. 775 (2020– 2021 Reg. Sess.) (Senate Bill 775), which amended section 1170.95, effective on January 1, 2022, to add attempted murder as an eligible conviction for resentencing. After considering the parties’ arguments, we affirm.

FACTS2

On September 12, 2011, around 9:00 or 10:00 a.m., Starling was accompanied by…