People v. Strada CA5

INTRODUCTION

A jury convicted Jason Estrada (defendant) of attempted murder and inflicting corporal injury on a dating partner. The convictions arose from defendant’s assault on his former girlfriend. On appeal, defendant asks us to vacate his sentence and remand the matter for resentencing in light of three newly-enacted bills: (1) Assembly Bill No. 518 (2021–2022 Reg. Sess.) (Assembly Bill 518); (2) Senate Bill No. 567 (2021–2022 Reg. Sess.) (Senate Bill 567); and (3) Assembly Bill No. 124 (2021–2022 Reg. Sess.) (Assembly Bill 124). The People agree defendant is entitled to this relief.1 We concur these legislative enactments require remand for resentencing.

FACTUAL BACKGROUND

On June 11, 2020, S.D. was at a residence with defendant and another individual. S.D. was in the bathroom while defendant was in the kitchen fixing a broken box cutter. As S.D. straightened her hair, defendant stood in the doorway of the bathroom and watched her. S.D. felt defendant come toward her. She backed up against the wall and noticed she was bleeding. S.D. collapsed to the floor “into a ball” and laid in a fetal position, yelling to the other individual in the residence for help. As S.D.…