P. v. Felix CA3
Defendant Jovan Felix appeals the trial court’s denial of his petition for resentencing under Penal Code section 1170.95 (statutory section citations that follow are to the Penal Code), enacted as part of Senate Bill No. 1437 (Stats. 2018, ch. 1015) (Senate Bill 1437). He argues his conviction for attempted murder as an aider and abettor on a natural and probable consequences theory is eligible for relief under section 1170.95; and, if the conviction is not eligible for relief, then section 1170.95 violates equal protection principles.
Following the close of briefing, but before an opinion was issued in this case, the Governor approved Senate Bill No. 775 (Stats. 2021, ch. 551, § 2 (Senate Bill 775)). This legislation, which took effect on January 1, 2022, amends section 1170.95 to permit certain persons convicted of attempted murder to seek relief. (Cal. Const., art. IV, § 8; Sen. Bill 775, Stats. 2021, ch. 551, § 2.) Accordingly, we requested the parties file supplemental briefs
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