People v. Rizo CA6

I. BACKGROUND

Defendant was charged with attempted murder, assault with a firearm, and active participation in a criminal street gang in 2011. He ultimately pleaded no contest to assault with a firearm and admitted a firearm use allegation in exchange for dismissal of the remaining counts. He was sentenced to 13 years in prison, consisting of a three-year term for assault with a firearm and a 10-year firearm use enhancement, consecutive to sentences of one year and eight months in two other cases.

1 In 2022 the Legislature renumbered Penal Code section 1170.95 to Penal Code section 1172.6 without substantive change to the text. (Stats. 2022, ch. 58, § 10, eff. June 30, 2022.) Although the petition references Penal Code section 1170.95, we primarily refer to the current statute for clarity. Unspecified statutory references are to the Penal Code. Representing himself, defendant petitioned for resentencing under former section 1170.95 in 2022. The trial court appointed counsel for defendant and considered briefing on whether he was eligible for relief despite not being convicted of murder, attempted murder, or manslaughter. It found defendant ineligible for relief under the…