Arellano

Opinion of the Court by Evans, J.

Penal Code section 1172.61 provides an opportunity for criminal defendants who were convicted of murder under either a natural and probable consequences theory or (in some circumstances) under a felony-murder theory — and who could not be convicted of murder under the law as it currently stands — to file a petition to be resentenced. A successful petitioner is entitled to have the murder “conviction, and any allegations and enhancements attached to the conviction” vacated and to be “resentenced on the remaining charges.” (Id., subd. (d)(3).) But a successful petitioner who was charged with murder “generically, and the target offense was not charged” is entitled to have the murder conviction “redesignated” as “the target offense” of the natural and probable consequences theory — or the “underlying felony” of the felony murder — and to be resentenced accordingly. (Id., subd. (e).) The Attorney General asks us to hold that in resentencing a successful petitioner under the latter subdivision, a superior court has the “flexibility” to add to the redesignated conviction uncharged and unproven offense-specific sentencing enhancements or allegations it…