People v. Love CA2/2

Filed 3/3/22 P. v. Love CA2/2 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B302892

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA138408) v.

DAVAUGHN LOVE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Eleanor J. Hunter, Judge. Reversed and remanded.

Kelly C. Martin, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta and Xavier Becerra, Attorneys General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Charles S. Lee, Theresa A. Patterson, and Amanda V. Lopez, Deputy Attorneys General, for Plaintiff and Respondent. ****** Davaughn Love (defendant), who was convicted of attempted murder and other crimes in 2016, appeals from the denial of his petition for resentencing under Penal Code section 1170.95.1 In a partially published opinion issued on October 1, 2020, we affirmed that denial solely on the ground that section 1170.95 did not accord relief to persons convicted of attempted murder. (People v. Love (Oct. 1, 2020, B302892) (Love).) Defendant filed a petition for review by the California Supreme Court, which was held along with numerous similar cases. While this case has been 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 December 16, 2020, the California Supreme Court granted review in this case, and, in an order filed January 26, 2022, 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 (Love) and remand the matter to the trial court for a new evidentiary hearing pursuant to section 1170.95, subdivision (d)(3).