People v. Deary-Smith CA3

Good Law
Court of Appeal of CaliforniaJune 9, 2022C093753California3,162 words

Opinion

Opinion

Filed 6/9/22 P. v. Deary-Smith CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C093753

Plaintiff and Respondent, (Super. Ct. No. 11F04334)

v.

RASHID DEARY-SMITH,

Defendant and Appellant.

In 2015, defendant Rashid Deary-Smith was found guilty of, among other things, attempted murder and sentenced to prison. In 2020, following the passage of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437), defendant filed a petition for

1 resentencing pursuant to Penal Code section 1170.95.1 The trial court denied the petition based on what it then deemed to be controlling authority standing for the proposition that individuals convicted of attempted murder, as opposed to murder, were…

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