P. v. Henderson CA4/1
On July 10, 2019, Henderson filed a petition under Penal Code section 1170.95 and Senate Bill No. 1437 (Stats. 2018, ch.1015) (Senate Bill 1437) to have two attempted murder convictions vacated. The superior court concluded Henderson was ineligible for relief because his convictions are not for felony murder. Henderson appealed, contending section 1170.95 applied to his convictions for attempted murder. We affirmed the denial of the petition, relying on a body of case law that held section 1170.95 and Senate Bill 1437 did not apply to cases such as Henderson’s. (People v. Henderson (Nov. 13, 2020, D076878) [nonpub. opn.].)
Henderson petitioned for review, and the Supreme Court granted review and transferred the case to this court to reconsider in light of the newly enacted Senate Bill No. 775 (Stats. 2021, ch. 551) (Senate Bill 775), which became effective January 1, 2022.
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