People v. Flores CA4/2

I.

INTRODUCTION

Defendant and appellant Joshua Flores appeals the trial court’s post-judgment

order summarily denying his petition for resentencing on counts 1 and 2, under Penal 1 Code section 1172.6. Defendant contends the order should be reversed because section

1172.6 applies to his convictions for attempted voluntary manslaughter (counts 1 & 2),

and the trial court and prosecutor failed to adhere to procedures required under section

1172.6. The People argue defendant forfeited his procedural challenges, there was no

prejudice in not adhering to all of the statutory procedure requirements, and section

1172.6 does not provide resentencing relief for defendant’s attempted voluntary

manslaughter convictions.

Regardless of whether defendant forfeited his objections or whether there were

procedural errors, we conclude there was no prejudicial error because defendant’s

convictions for attempted voluntary manslaughter do not qualify for resentencing relief

under section 1172.6. We therefore affirm the order denying defendant’s petition for

resentencing relief.

1 Section 1170.95 was renumbered as section 1172.6 without change in the text, effective June 30, 2022 (Stats.…