People v. Martinez CA2/2

Filed 1/27/22 P. v. Martinez CA2/2 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B308793

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA071089) v.

ARMANDO MARTINEZ, JR., OPINION ON REMAND

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Suzette Clover, Judge. Reversed and remanded.

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, Assistant Attorney General, Steven D. Matthews and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent.

****** Armando Martinez Jr. (defendant), who was convicted of attempted murder and other crimes in 2009, appeals from the denial of his petition for resentencing under Penal Code section 1170.95.1 In an unpublished opinion issued on August 12, 2021, we affirmed that denial on the sole ground that section 1170.95 did not accord relief to persons convicted of attempted murder. (People v. Martinez (Aug. 12, 2021, B308793) (Martinez II).) Defendant filed a petition for review by the California Supreme Court, which was held along with numerous other similar cases. While this case was pending, our Legislature enacted and the Governor signed into law Senate Bill No. 775 (Senate Bill 775). (Stats. 2021, ch. 551.) Senate Bill 775 amended Section 1170.95 to expand eligibility for resentencing to persons convicted of attempted murder. On October 20, 2021, the California Supreme Court granted review in this case, and, in an order filed December 29, 2021, transferred the case back to this court with directions to vacate our prior decision and reconsider in light of Senate Bill 775. In light of the enactment of Senate Bill 775, we vacate our previous opinion and decision in this case (Martinez II) and remand the matter to the trial court for a new evidentiary hearing pursuant to section 1170.95, subdivision (d)(3).