People v. Torres CA2/7

California Court of Appeal Aug 16, 2022 No. B316189Unpublished

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Holding. The court held that a defendant convicted of voluntary manslaughter is eligible to petition for resentencing under Penal Code section 1172.6 following the amendments enacted by Senate Bill No. 775.

Issues

Whether a defendant convicted of voluntary manslaughter is eligible for resentencing relief under Penal Code section 1172.6.

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“Under former section 1170.95 as amended by Senate Bill 775, a petitioner convicted of voluntary manslaughter is entitled to be resentenced”

“The order denying Torres’s petition for resentencing is reversed, and the cause remanded with directions to appoint counsel for Torres and to reconsider Torres’s eligibility for relief pursuant to section 1172.6, subdivision (c).”

Filed 8/16/22 P. v. Torres CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B316189

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA451140) v.

JOSE GUADALUPE TORRES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, William C. Ryan, Judge. Reversed and remanded with directions. Jonathan E. Demson, 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, Senior

Assistant Attorney General, Amanda V. Lopez and Viet H. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent. ______________________ Jose Guadalupe Torres pleaded no contest in March 2018 to one count of voluntary manslaughter (Pen. Code, § 192, subd. (a)),1 admitted the special allegation the offense had been committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)) and was sentenced to state prison for 16 years. In September 2021 Torres, representing himself, petitioned for resentencing pursuant to former section 1170.95 (now section 1172.6),2 added to the Penal Code by Senate Bill No. 1437 (Stats. 2018, ch. 1015) (Senate Bill 1437) as of January 1, 2019. The superior court summarily denied the petition, ruling, because he had been convicted of voluntary manslaughter, not murder, Torres was not eligible for resentencing relief. As Torres and the Attorney General agree, the superior court’s order must be reversed, and the cause remanded for further proceedings in light of the amendments to former section 1170.95 made by Senate Bill No. 775 (Stats. 2021, ch. 551, § 2) (Senate Bill 775), which, effective January 1, 2022, expanded the reach of Senate Bill 1437 to include convictions for attempted murder and voluntary manslaughter. FACTUAL AND PROCEDURAL BACKGROUND Torres and Rudy Serrano were charged in an amended felony complaint, filed September 29, 2017, with the murder of

People v. Torres CA2/7

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B316189

JOSE GUADALUPE TORRES,

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