People v. Sandoval CA4/3

Filed 2/1/22 P. v. Sandoval CA4/3 Opinion following transfer from Supreme Court

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G057558

v. (Super. Ct. No. 98NF0649)

MATTHEW SANDOVAL, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Kimberly Menninger, Judge. Reversed and remanded with directions. Request for judicial notice denied. Thomas Owen, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Assistant Attorney General, Paul M. Roadarmel, Jr., and Charles J. Sarosy, Deputy Attorneys General, for Plaintiff and Respondent. * * *

In 2019, defendant Matthew Sandoval filed a Penal Code section 1170.95 1 petition. The trial court denied the petition because Sandoval was convicted of attempted murder, not murder. The Legislature recently amended section 1170.95 to include attempted murder convictions. Thus, we are reversing the trial court’s order denying Sandoval’s section 1170.95 petition and remanding with directions for the court to reconsider Sandoval’s petition at the prima facie stage.

I PROCEDURAL HISTORY AND DISCUSSION In 2001, a jury convicted Sandoval of attempted murder, related crimes, found true related enhancements. The trial court imposed a sentence of 32 years to life. This court affirmed the judgment on direct appeal. (People v. Ramirez, Sandoval, et al. 2 (Nov. 18, 2002, G029236) [nonpub. opn.].) In 2018, the Legislature limited the scope of the felony-murder rule and eliminated accomplice liability under the natural and probable consequences doctrine. The Legislature also permitted eligible defendants convicted of murder under a now invalid theory to petition to vacate their prior convictions and be resentenced. (§ 1170.95, added by Stats. 2018, ch. 1015, § 4, eff. Jan. 1, 2019.) Generally, if a section 1170.95 petition contains the required information, the court must appoint counsel, receive briefing, review the record of conviction, and then determine if the petitioner has made a prima facie showing that he or she is entitled