People v. Villa CA2/6

Filed 11/14/22 P. v. Villa CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B316390 (Super. Ct. No. GA059672) Plaintiff and Respondent, (Los Angeles County)

v.

ANTHONY RAY VILLA,

Defendant and Appellant.

Anthony Ray Villa appeals from the trial court’s order denying his petition for resentencing pursuant to Penal Code 1 section 1172.6 (former section 1170.95). He contends he is eligible for relief pursuant to Senate Bill No. 775 because he was convicted of attempted murder under the natural and probable consequences theory of liability. We reverse and remand with instructions.

1 All further statutory references are to the Penal Code.

Facts and Procedural History In October 2005, a jury convicted appellant of attempted murder, attempted premeditated murder (§§ 664, 187, subd. (a)), kidnapping to commit robbery (§ 209, subd. (b)(1)), second degree robbery (§ 211), carjacking (§ 215, subd. (a)) and discharging a firearm from a vehicle (former § 12034, subd. (c)). On appeal, we affirmed the judgment. (People v. Pacheco, et al. (Oct. 9, 2008, B188797) [nonpub.].) In March 2020, appellant filed a petition for resentencing pursuant to section 1172.6. The trial court summarily denied the petition because appellant was not convicted of murder, and section 1172.6 relief does not apply to attempted murder. In October 2021, appellant filed a second petition for resentencing. In a written order, the trial court again denied the petition because appellant was not eligible for relief. Discussion In 2018, the Legislature enacted Senate Bill No. 1437, which “amend[ed] the felony murder rule and the natural and probable consequences doctrine, as it relates to murder . . . .” (Stats. 2018, ch. 1015, § 1, subd. (f); §§ 188, 189; People v. Lewis (2021) 11 Cal.5th 952, 959 (Lewis).) Section 1172.6 was enacted as part of Senate Bill No. 1437 “to provide a procedure for those convicted of felony murder or murder under the natural and probable consequences doctrine to seek relief . . . .” (People v. Gentile (2020) 10 Cal.5th 830, 843; Lewis, at p. 959.) In October 2021, the Governor signed into law Senate Bill No. 775 (2021-2022 Reg. Sess.), which took effect on January 1, 2022. The new legislation amends subdivision (a) of section 1172.6 to read, in pertinent part: “[a] person convicted of . . . attempted murder under the natural and probable consequences