People v. Rodriguez CA5

INTRODUCTION

In 1996, defendant and appellant Nahu Rodriguez (appellant) pleaded guilty to premeditated attempted murder and admitted enhancements for personal use of a firearm and personal infliction of great bodily injury. He was sentenced to life in prison with the possibility of parole, plus four years. After correcting the calculation of his credits, this court affirmed the judgment on direct appeal. (People v. Rodriguez/In re Rodriguez (Aug. 27, 1997, F025919/F027653) [nonpub. opn.] (Rodriguez).) In 2021 and 2022, appellant filed three petitions for resentencing of his conviction for premeditated attempted murder pursuant to former section 1170.95 and amended section 1172.6 of the Penal Code.1 The trial court denied the first and second petitions because former section 1170.95 did not provide for resentencing of an attempted murder conviction. After the statutory amendments added attempted murder to the resentencing provisions, the court held a hearing on the third petition, and found appellant’s petition failed to state a prima facie case for relief. On appeal, appellate counsel filed a brief which summarized the facts and procedural history with citations to the record,…