P. v. Wright CA2/3
Appellant Dallas Ray Wright appeals from a postjudgment order denying his Penal Code section 1170.95 petition. The trial court found Wright ineligible for relief as a matter of law because he was convicted of attempted murder, not murder, and we affirmed its order. Effective January 1, 2022, the Legislature enacted Senate Bill No. 775 (2021–2022 Reg. Sess.) (Senate Bill 775), which amended section 1170.95 to provide relief to eligible defendants convicted of attempted murder. Our Supreme Court has transferred the matter back to us with directions to vacate our prior decision and reconsider the cause in light of Senate Bill 775. We agree with the parties that amended section 1170.95 applies retroactively to Wright. We therefore vacate our previous opinion, reverse the trial court’s denial of Wright’s petition, and remand for further proceedings.
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