People v. Gonzalez CA2/7

Filed 2/1/22 P. v. Gonzalez CA2/7 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B307148

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA056995) v.

DANIEL GONZALEZ, SR.,

Defendant and Appellant.

APPEAL from order of the Superior Court of Los Angeles County, Hayden A. Zacky, Judge. Reversed and remanded with directions. Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra and Rob Bonta, Attorneys General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Zee Rodriguez, Wyatt Bloomfield and Michael C. Keller, Deputy Attorneys General for Plaintiff and Respondent.

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In 2010 a jury convicted Daniel Gonzalez, Sr., of two counts of attempted willful, deliberate, and premeditated murder (Pen. Code, §§ 187, subd. (a), 664)1 and two counts of assault with a firearm (§ 245, subd. (a)(2)) arising from a gang-related shooting of two men. The jury also found true multiple firearm and gang enhancement allegations. The trial court sentenced Gonzalez to two consecutive life terms plus 45 years for the firearm enhancements. We affirmed. (People v. Blanco (Aug. 15, 2012, B227650) [nonpub. opn.].) In June 2020 Gonzalez, representing himself, filed a petition for resentencing seeking to vacate his attempted murder conviction and be resentenced pursuant to section 1170.95. The trial court summarily denied Gonzalez’s petition without appointing counsel on the basis Gonzalez was ineligible for resentencing as a matter of law because he was not convicted of murder. We again affirmed. (People v. Gonzalez (July 19, 2021, B307148) [nonpub. opn.].) The Supreme Court granted review and transferred the case to us with directions to vacate our decision and reconsider Gonzalez’s appeal in light of amendments to section 1170.95 by Senate Bill No. 775 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 551, § 2) (Senate Bill 775), effective January 1, 2022. In supplemental briefing Gonzalez again argues, the Attorney General now concedes, and we agree the superior court’s order denying Gonzalez’s petition should be reversed and the case remanded to the superior court for the court to appoint counsel for Gonzalez