People v. Valencia CA2/2

Filed 3/22/22 P. v. Valencia CA2/2 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B299957

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA402808) v. OPINION ON REMAND CLAUDIA VALENCIA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, George Gonzalez Lomeli, Judge. Reversed and remanded with directions.

Jennifer A. Gambale, 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, Daniel C. Chang and Christopher G. Sanchez, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

Pursuant to order by the California Supreme Court, we vacate our original opinion and issue this opinion instead. In 2013, defendant and appellant Claudia Valencia was convicted of attempted murder. (Pen. Code, §§ 664, 187, subd. (a).)1 We affirmed the judgment on direct appeal. (People v. Valencia (Oct. 20, 2014, B253431) [nonpub. opn.] (Valencia I).) In 2019, following the enactment of Senate Bill No. 1437 (2017- 2018 Reg. Sess.) (SB 1437), defendant filed a petition for resentencing under section 1170.95. As is relevant here, the trial court summarily denied the petition on the ground that section 1170.95 did not apply to convictions for attempted murder. Defendant timely filed a notice of appeal. On November 24, 2020, we affirmed the trial court’s order on the ground that section 1170.95 does not apply to convictions for attempted murder. (People v. Valencia (Nov. 24, 2020, B299957) [nonpub. opn.].) Defendant filed a petition for review with the California Supreme Court. While this case was pending, our Legislature enacted and the Governor signed into law Senate Bill No. 775 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 551) (SB 775). SB 775 amended section 1170.95 to expand eligibility for resentencing to persons convicted of attempted murder. On February 10, 2021, the California Supreme Court granted review in this case, and, in an order filed January 5, 2022, “transferred [the case]” back to the Court of Appeal “with