People v. Majied CA4/2

INTRODUCTION

Defendant and appellant David Malarcher Majied appeals from the November 22,

2019 order of the superior court, dismissing his petition for resentencing on his 2015

conviction for attempted premeditated murder. (Pen. Code,1 § 1170.95) In an

unpublished decision, we affirmed the order dismissing defendant’s petition on the

ground that persons convicted of attempted murder were not entitled to relief under

section 1170.95. (People v. Majied (Nov. 12, 2020, E074375) [nonpub. opn.].)

The Supreme Court granted review on January 20, 2021, and while review was

pending, the Legislature enacted and the Governor signed Senate Bill No. 775 into law.

(Senate Bill 775) (Stats. 2021, ch. 551, § 2.) Senate Bill 775 amended section 1170.95 to

clarify, among other things, that persons convicted of attempted murder under the natural

and probable consequences doctrine are eligible for resentencing under the statute.

(Stats. 2021, ch. 551, §§ 1-2.)

On February 16, 2022, the Supreme Court transferred the matter back to this court

with directions to vacate our opinion and reconsider the cause in light of Senate Bill 775.

We vacated our opinion and directed the parties to file…