People v. Mateo CA2/4

Filed 5/19/22 P. v. Mateo CA2/4 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B305965

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA414092) v.

MILTON MATEO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura F. Priver, Judge. Reversed and remanded with instructions. James Koester, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra and Rob Bonta, Attorneys General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri, Scott A. Taryle and Daniel C. Chang, Deputy Attorneys General, for Plaintiff and Respondent.

Appellant Milton Mateo sought resentencing for his attempted murder conviction under the original version of Penal Code 1170.95.1 The trial court denied the petition because appellant was not convicted of murder, and we affirmed. The Supreme Court granted appellant’s petition for review. While the petition was pending, the Legislature enacted and the governor signed into law Senate Bill No. 775 (Stats. 2021, ch. 551), amending section 1170.95 to provide relief for those convicted of attempted murder and manslaughter. The Supreme Court transferred the matter to this court without decision, with directions to vacate our April 20, 2021 decision and reconsider the cause in light of Senate Bill No. 775 and People v. Lewis (2021) 11 Cal.5th 952 (Lewis). We vacated our previous decision on January 26, 2022. Both parties submitted supplemental briefs asserting that the matter should be remanded for the trial court to appoint counsel and conduct further proceedings pursuant to section 1170.95. We agree. The matter is reversed and remanded to the trial court with directions to appoint counsel for appellant and conduct further proceedings consistent with section 1170.95. BACKGROUND In March 2013, appellant initiated a fistfight with a rival gang member outside a Los Angeles grocery store. During the fight, appellant’s fellow gang member and codefendant Gunni Scroggins stabbed the rival twice in the neck. Appellant and Scroggins then fled the scene. The victim survived the attack. A jury instructed on both the natural and probable consequences doctrine and aiding and abetting principles found appellant and