People v. Garcia CA2/2

Filed 3/3/22 P. v. Garcia CA2/2 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B304788

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA128373) v.

ISAAC GARCIA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, John A. Torribio, Judge. Reversed and remanded.

Janet J. Gray, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Charles S. Lee and Nima Razfar, Deputy Attorneys General. ****** Isaac Garcia (defendant), who was convicted of two counts of attempted murder and other crimes in 2015, appeals from the denial of his petition for resentencing under Penal Code section 1170.95.1 In an unpublished opinion issued on March 25, 2021, we affirmed that denial solely on the ground that section 1170.95 did not accord relief to persons convicted of attempted murder. (People v. Garcia (Mar. 25, 2021, B304788) (Garcia II).) Defendant filed a petition for review by the California Supreme Court, which was held along with numerous other 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 June 9, 2021, 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 (Garcia II) and remand the matter to the trial court for a new evidentiary hearing pursuant to section 1170.95, subdivision (d)(3).