P. v. Diaz CA3
Defendant, Humberto Diaz, appeals the trial court’s denial of his petition for resentencing under Penal Code section 1170.95, enacted as part of Senate Bill No. 1437 (Stats. 2018, ch. 1015). He contends his conviction for attempted murder as an aider and abettor on a natural and probable consequences theory was eligible for relief under section 1170.95; and, if the conviction is not eligible for relief, then section 1170.95 violates equal protection principles. In an unpublished opinion, we affirmed the order. (People v. Diaz (Aug. 2, 2021, C092548 [nonpub. opn.].) The Supreme Court granted review and transferred the matter back to us with directions to vacate our decision and reconsider the cause in light of Senate Bill No. 775. Upon reconsideration, we agree with defendant he is entitled to resentencing on his attempted murder conviction. Accordingly, we will reverse and remand with instructions to the trial court to appoint counsel for defendant and issue an order to show cause fo
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