People v. Robles CA2/3

California Court of Appeal Feb 16, 2022 No. B308432AUnpublished

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Holding. The court held that because Senate Bill No. 775 expanded Penal Code section 1170.95 to include attempted murder, the trial court's summary denial of the defendant's petition must be reversed and remanded for further proceedings with appointed counsel.

Issues

Whether the enactment of Senate Bill No. 775 renders a defendant convicted of attempted murder eligible for resentencing relief under Penal Code section 1170.95.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“Effective January 1, 2022, S.B. 775 amended section 1170.95 to provide, among other things, that a person convicted of attempted murder under a natural and probable consequences theory may also be eligible for resentencing relief.”

“The order denying Robles’s section 1170.95 petition is reversed, and the matter is remanded to the trial court with directions to appoint counsel to represent Robles and to conduct proceedings consistent with this opinion.”

Filed 2/16/22 P. v. Robles CA2/3 Opinion on remand 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B308432

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA390804 v.

ARMANDO ROBLES, JR.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, James R. Dabney. Reversed and remanded with directions. Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant. Matthew Rodriguez, Acting Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and Eric J. Kohm, Deputy Attorneys General, for Plaintiff and Respondent. _______________________________________

INTRODUCTION Armando Robles, Jr. (Robles) was convicted of two counts of attempted murder and one count of shooting at an occupied vehicle. After Senate Bill No. 1437 (S.B. 1437) was enacted (Stats. 2018, ch. 1015), Robles filed a petition for resentencing of his attempted murder convictions under Penal Code1 section 1170.95. We affirmed the trial court’s order denying Robles’s petition because, at the time, attempted murder wasn’t listed as an offense eligible for resentencing under section 1170.95. (People v. Robles (June 29, 2021, B308432) [nonpub. opn.].) After we issued our original opinion, the California Legislature enacted Senate Bill No. 775 (2021–2022 Reg. Sess.) (S.B. 775), making attempted murder an offense eligible for resentencing under section 1170.95. The California Supreme Court granted Robles’s petition for review and ordered us to reconsider his appeal in light of S.B. 775. We now reverse the order denying Robles’s resentencing petition and remand the matter with directions for the court to appoint counsel to represent Robles and to reconsider his petition under the newly amended section 1170.95. BACKGROUND

People v. Robles CA2/3

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B308432

ARMANDO ROBLES, JR.,

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DISCUSSION

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

EGERTON, J.

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