P. v. Sly CA4/2
In 2016, defendant Christopher Sly pleaded guilty to one count of attempted murder. On February 29, 2019, defendant filed a petition for resentencing pursuant to former Penal Code section 1170.95 in the trial court based on the changes made to the murder statutes (petition) pursuant to Senate Bill No. 1437 (Stats. 2018, ch. 1015, § 1, subd. (f), effective Jan. 1, 2019) (SB 1437). The petition was summarily denied by the trial court without a hearing finding that SB 1437 and former section 1170.95 were not applicable to attempted murder.
Defendant appealed the denial of his petition to this court. In an unpublished opinion People v. Sly (Dec. 2, 2020, E073972) [nonpub. opn.] (Opinion) we ruled that defendant was ineligible for sentencing under former section 1170.95 because he had pleaded guilty to attempted murder, not murder, and that attempted murder was not included in the statute. Defendant filed a petition for review, which was granted. While the case was pending review in the C
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