People v. Rangel CA2/4

INTRODUCTION

In a prior opinion regarding this appeal from the denial of a petition for relief under Penal Code section 1170.95,1 we concluded appellant Myra Rangel was ineligible for relief as a matter of law because her convictions for attempted premeditated murder and conspiracy to commit murder were outside the scope of the statute. Our Supreme Court granted review and transferred the matter back to this court, with directions that we vacate our prior decision and reconsider the cause in light of Senate Bill No. 775 (Reg. Sess. 2021-2022) (SB 775). After reconsidering the cause, we conclude that appellant remains ineligible for relief as a matter of law. We therefore affirm.

BACKGROUND2

In 2013, a jury found appellant and three codefendants guilty of conspiracy to commit murder (§§ 182, subd. (a)(1) & 187, subd. (a)), attempted premeditated murder (§§ 187, subd. (a) & 664), and shooting at an occupied vehicle (§ 246). It also found true allegations that the crimes were committed for the benefit of or in association with a criminal street gang (§ 186, subds. (b)(1)(C) & (b)(4)), and a principal—not appellant—personally and intentionally discharged a firearm causing great…