People v. Villa CA2/6

Facts and Procedural History In October 2005, a jury convicted appellant of attempted murder, attempted premeditated murder (§§ 664, 187, subd. (a)), kidnapping to commit robbery (§ 209, subd. (b)(1)), second degree robbery (§ 211), carjacking (§ 215, subd. (a)) and discharging a firearm from a vehicle (former § 12034, subd. (c)). On appeal, we affirmed the judgment. (People v. Pacheco, et al. (Oct. 9, 2008, B188797) [nonpub.].) In March 2020, appellant filed a petition for resentencing pursuant to section 1172.6. The trial court summarily denied the petition because appellant was not convicted of murder, and section 1172.6 relief does not apply to attempted murder. In October 2021, appellant filed a second petition for resentencing. In a written order, the trial court again denied the petition because appellant was not eligible for relief. Discussion In 2018, the Legislature enacted Senate Bill No. 1437, which “amend[ed] the felony murder rule and the natural and probable consequences doctrine, as it relates to murder . . . .” (Stats. 2018, ch. 1015, § 1, subd. (f); §§ 188, 189; People v. Lewis (2021) 11 Cal.5th 952, 959 (Lewis).) Section 1172.6 was enacted as part of Senate Bill…