P. v. Austin CA2/6
Lenard Austin, Jr., who was convicted of attempted murder in 2001, appeals the summary denial of his petition for resentencing under Penal Code section 1170.95. In a November 2020 unpublished decision, we affirmed on the ground that relief under section 1170.95 was not available to those convicted of attempted murder rather than murder. (People v. Austin (Nov. 25, 2020, B301152) [nonpub. opn.].) Austin petitioned for review in the California Supreme Court. The court granted review and held the case along with numerous similar cases. While the matter was pending, the Governor signed into law Senate Bill No. 775 (Senate Bill 775), which amended section 1170.95 to expand eligibility for resentencing to persons convicted of attempted murder. (Stats. 2021, ch. 551.)
On December 22, 2021, the California Supreme Court transferred the case back to this court with directions to vacate our prior decision and reconsider the matter in light of Senate Bill 775. (People v. Austin (Dec. 22, 2021, S26
Comments on P. v. Austin CA2/6