People v. Dixon CA2/4

Filed 2/14/22 P. v. Dixon CA2/4 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B307528 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. BA128574)

v. OPINION FOLLOWING TRANSFER FROM ARCHIE PERNELL DIXON, SUPREME COURT

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert J. Perry, Judge. Reversed and remanded. Alan Siraco, 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, Amanda V. Lopez and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent.

This appeal lies from the trial court’s summary denial of defendant and appellant Archie Pernell Dixon’s second petition under Penal Code section 1170.95 seeking resentencing on his conviction for attempted murder.1 We affirmed the court’s summary denial in a previous opinion (People v. Dixon (July 19, 2021, B307528) [nonpub. opn.] (Dixon II)). Thereafter, the Supreme Court granted review and transferred the matter back to us with directions to vacate the decision and reconsider the cause in light of Senate Bill No. 775 (Stats. 2021, ch. 551, § 2) (S.B. 775), which expanded section 1170.95 to provide a procedural mechanism for those convicted of attempted murder under the natural and probable consequences doctrine to seek resentencing. We vacate our opinion in Dixon II and, after reconsidering the cause, agree with the parties that the trial court erred by summarily denying appellant’s petition under section 1170.95 as amended by S.B. 775. We reverse the order and remand for the trial court to consider the petition as to appellant’s attempted murder conviction under the current version of section 1170.95.