People v. Hutchinson CA2/8

Filed 3/14/23 P. v. Hutchinson CA2/8 (Opinion following transfer from Supreme Court) NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B299078

Plaintiff and Respondent, (Los Angeles County v. Super. Ct. No. NA102378) ANTONE HUTCHINSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Richard R. Romero, Judge. Reversed.

Vanessa Place, 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, Noah P. Hill, Amanda V. Lopez and Heidi Salerno, Deputy Attorneys General, for Plaintiff and Respondent.

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This appeal requires us to decide whether a defendant who pleads guilty to unpremeditated attempted murder is entitled to 1 resentencing pursuant to Penal Code section 1170.95 and Senate Bill No. 1437. In our decision filed April 30, 2020, our answer was no. On February 15, 2023, the California Supreme Court ordered us to vacate and reconsider our decision in light of Senate Bill No. 775 (Stats. 2021, ch. 551). We do so now and conclude appellant is entitled to be considered for resentencing under the statute.

FACTUAL BACKGROUND In 2017, appellant Antone Hutchinson pled guilty to one count of unpremeditated attempted murder, for which he was sentenced to the high term of nine years; and one count of discharging a firearm at an inhabited dwelling, for which he was sentenced to one year eight months, one-third of the mid-term. He also admitted a gang allegation, for which he received an additional 10 years. Hutchinson’s aggregate sentence is 20 years eight months in prison. We do not have the record of conviction before us on appeal. With no preliminary hearing transcript, information, probation report, or other document to provide the facts underlying