People v. Wright CA2/3

Filed 3/4/22 P. v. Wright CA2/3 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B311217

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA044175) v.

DALLAS RAY WRIGHT,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Kathleen Blanchard, Judge. Reversed. Allen G. Weinberg, 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, Noah P. Hill, Thomas C. Hsieh and Idan Ivri, Deputy Attorneys General, for Plaintiff and Respondent. ________________________

Appellant Dallas Ray Wright appeals from a postjudgment order denying his Penal Code section 1170.95 petition. 1 The trial court found Wright ineligible for relief as a matter of law because he was convicted of attempted murder, not murder, and we affirmed its order. Effective January 1, 2022, the Legislature enacted Senate Bill No. 775 (2021–2022 Reg. Sess.) (Senate Bill 775), which amended section 1170.95 to provide relief to eligible defendants convicted of attempted murder. Our Supreme Court has transferred the matter back to us with directions to vacate our prior decision and reconsider the cause in light of Senate Bill 775. We agree with the parties that amended section 1170.95 applies retroactively to Wright. We therefore vacate our previous opinion, reverse the trial court’s denial of Wright’s petition, and remand for further proceedings. FACTUAL AND PROCEDURAL BACKGROUND2 1. The attempted murders, conviction, and original appeal On November 25, 2008, two Los Angeles County Sheriff’s officers were working undercover at a Lancaster mobile home park, investigating graffiti related to the Mid Town Criminals (MTC) criminal street gang. Wright drove past and slowed by the officers’ vehicle. When they attempted to stop Wright, he led them on a five-to-ten minute pursuit. At one point, he appeared to be talking on a cellular telephone. The officers followed Wright back to an area near an apartment complex, next to the