People v. Ramirez CA2/4

Filed 11/2/21 P. v. Ramirez CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B307919

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA397039) v.

EFRAIN RAMIREZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Douglas Sortino, Judge. Reversed and remanded with directions. Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill, Daniel C. Chang

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and Heidi Salerno, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION Appellant Efrain Ramirez appeals from the superior court’s denial of his petition for resentencing filed under Penal Code section 1170.95, alleging he was convicted of two counts of attempted murder and requesting the appointment of counsel.1 The superior court denied his petition without appointing counsel, concluding that persons convicted of attempted murder are ineligible for relief under section 1170.95. After this appeal was deemed submitted but before we issued an opinion, the Governor approved Senate Bill No. 775 (2021-2022 Reg. Sess.) (SB 775). (Stats. 2021, ch. 551, § 2.) This legislation, which takes effect on January 1, 2022, amends section 1170.95 to permit certain persons convicted of attempted murder to seek relief. (Cal. Const., art. IV, § 8; Stats. 2021, ch. 551, § 2.) Accordingly, we vacated the submission of this appeal and requested further briefing on the effects of SB 775 on this appeal. In their supplemental briefing, both parties agreed that the matter should be remanded to permit the superior court to appoint counsel for appellant and conduct further proceedings under the new section 1170.95 after January 1, 2022. We agree.