People v. Hendrix CA5

INTRODUCTION

Petitioner Joseph Hendrix petitioned the trial court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on his convictions for second degree murder and attempted murder. The court granted the petition, vacated the murder and attempted murder convictions, and resentenced petitioner on the remaining counts. On appeal, petitioner contends relief under section 1172.6 entitled him to a full resentencing, including the ameliorative benefits of Assembly Bill No. 333 (2021–2022 Reg. Sess.), statutes 2021, chapter 699 (Assembly Bill No. 333). We agree and reverse.

FACTUAL AND PROCEDURAL BACKGROUND

“ ‘On February 16, 2012, . . . [Samuel Xavier] Bryant and [petitioner] sought out Jacob Ramirez, who lived in the apartment below the one that Bryant shared with his mother. Bryant was a juvenile and [petitioner] was his uncle. Both Bryant and [petitioner] were members of the West Side Crips.

“ ‘During their search, Bryant and [petitioner] aggressively questioned Ramirez’s friends and family as to his whereabouts. Eventually, a friend of Ramirez’s mother, [Manuel G.2], went into the apartment to find him. Ramirez went outside, and shortly…