People v. Barnes CA6

Filed 8/29/22 P. v. Barnes CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H049588 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC500804)

v.

JAMES MARIO BARNES,

Defendant and Appellant.

James Mario Barnes appeals following the denial of his petition for resentencing under former Penal Code section 1170.951 (Stats. 2018, ch. 1015, § 4 [Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437)]).2 The trial court summarily denied the petition, ruling that Barnes was not eligible for resentencing relief because he had been convicted of attempted murder, not murder. Barnes and the Attorney General agree, and we concur, that the 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 was signed after the trial

1 Unspecified statutory references are to the Penal Code. 2 Section 1170.95 has been amended and renumbered as section 1172.6. (Stats. 2022, ch. 58, § 10, eff. June 30, 2022; see also Stats. 2021, ch. 551, § 2, eff. Jan. 1, 2022.)

court’s order. These amendments, effective January 1, 2022, expanded the reach of Senate Bill 1437 to include convictions for attempted murder. I. PROCEDURAL BACKGROUND On June 2, 2006, the Santa Clara County District Attorney filed an information against Barnes. Barnes was charged with one count of attempted murder (§§ 664, subd. (a), 187; count 1) with allegations that the attempted murder was premeditated (§§ 664, 187, 189) and a principal intentionally discharged a firearm (§ 12022.53, subds. (c) & (e)(1)), possession of a firearm by a felon (§ 12021, subd. (a)(1); count 2), vehicle theft with a prior conviction (Veh. Code, § 10851, subd. (a), § 666.5; count 3), possession for sale of a controlled substance (Health & Saf. Code, § 11378; count 4) with an allegation that he was personally armed with a firearm (§ 12022, subd. (c)), possession of ammunition by a prohibited person (§ 12316, subd. (b), count 5), and two allegations that he had served prior prison terms (§ 667.5, subd. (b)). Barnes waived his right to preliminary hearing and on August 1, 2006 pleaded guilty to the charges in the information.3 Specifically, Barnes pleaded guilty to attempted murder with an allegation that a principal intentionally used a firearm (§ 12022, subd. (a)). Barnes also pleaded guilty to counts 2, 3, 4, and 5, and the remaining allegations. With respect to the attempted murder count, Barnes admitted the premeditation allegation (§§ 664, 187, 189). Both the prosecution and defense stipulated to a factual basis for the crimes but did not on the record describe that factual basis or articulate the theory of liability for Barnes’s guilt for attempted murder. On November 30, 2006, the trial court sentenced Barnes. Prior to sentencing, Barnes moved the court to strike pursuant to section 1385 the premeditation enhancement on the attempted murder count. In the course of ruling on the motion the court confirmed