People v. Leon CA2/5

I. INTRODUCTION

On January 14, 2021, we affirmed the trial court’s denial of defendant and appellant Robert Leon’s Senate Bill No. 1437 (Senate Bill 1437) and Penal Code section 1170.951 petition for resentencing. On March 24, 2021, the California Supreme Court granted defendant’s petition for review. On January 26, 2022, the Supreme Court transferred the cause back with directions to vacate our decision and reconsider the cause in light of Senate Bill No. 775 (Senate Bill 775) (Stats. 2021, ch. 551) and People v. Lewis (2021) 11 Cal.5th 952 (Lewis). Having reconsidered the cause and concluded that defendant remains ineligible for relief as a matter of law, we affirm.

II. PROCEDURAL BACKGROUND

A jury convicted defendant of attempted willful, deliberate, premeditated murder. (§§ 664/187, subd. (a).) The jury found true the allegation that the offense was committed for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(C). The trial court sentenced defendant to life in prison with parole eligibility after 15 years. (People v. Sotelo et al. (Jan. 24, 2011, B219799) [nonpub. opn.].) On October 11, 2019, defendant filed a petition…