People v. Price CA4/3

FACTS

Defendant was charged by information with attempted murder, shooting at an occupied motor vehicle, possession of firearm by a felon, possession of ammunition by a prohibited person, as well as certain firearm-related enhancements. Defendant was convicted by a jury only of attempted murder and was acquitted on the other counts; the enhancements were found to be not true. Defendant was sentenced to nine years in prison, along with two additional one-year terms arising from certain prior convictions. On appeal, these term enhancements were struck down as a result of subsequent enactments by the Legislature, but the conviction was affirmed. (People v. Price (Oct. 7, 2020, G057277) [nonpub. opn.].) Defendant filed a petition for resentencing under section 1172.6, which requires resentencing of defendants convicted of murder, manslaughter, or attempted murder if the defendant could not today be convicted of that crime as a result of the Legislature’s changes to Penal Code sections 188 and 189, dealing principally with the

1 Effective June 30, 2022, Penal Code section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.)

2 natural and…