People v. Barnes CA6

Filed 8/29/22 P. v. Barnes CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H049588

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC500804)

v.

JAMES MARIO BARNES,

Defendant and Appellant.

James Mario Barnes appeals following the denial of his petition for resentencing under former Penal Code section 1170.951 (Stats. 2018, ch. 1015, § 4 [Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437)]).2 The trial court summarily denied the petition, ruling that Barnes was not eligible for resentencing relief because he had been convicted of attempted murder, not murder. Barnes and the Attorney General agree, and we concur, that the court’s order must be reversed, and the cause remanded for further…