People v. Trejo CA5

INTRODUCTION

In 2019, appellant and defendant Moses Angel Trejo (appellant) pleaded no contest to attempted murder and participation in a criminal street gang, and was sentenced to a stipulated term of 22 years four months in prison. In 2023, the trial court denied appellant’s Penal Code1 section 1172.6 petition for resentencing for failing to state a prima facie case, because he entered his plea to attempted murder after Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437) became effective on January 1, 2019. On appeal, appellant contends, and the People agree, that at the time appellant pleaded no contest to attempted murder, there was a division among the appellate courts as to whether the amendments enacted by Senate Bill 1437 applied to attempted murder convictions. We agree with the parties, and remand the matter for further appropriate proceedings.

PROCEDURAL BACKGROUND

The Complaint On May 9, 2019, a complaint was filed in the Superior Court of Kern County case No. BF176672A, charging appellant with count 1, attempted murder of Jose R. on April 21, 2019 (§§ 664/187, subd. (a), 189), with the gang enhancement (§ 186.22, subd. (b)(1)), and that he personally and…