P. v. Ellis CA3
In 2014, defendant Kenny Lee Ellis was sentenced to 15 years in prison for attempted murder. When he recently sought resentencing under Penal Code section 1170.95, the trial court summarily denied his petition on the basis that the provision does not apply to the crime of attempted murder. Although that was true when the trial court made its ruling in 2021, as of January 1, 2022, section 1170.95 now applies to defendants who were convicted of attempted murder under the natural and probable consequences doctrine. (Senate Bill No. 775 (2020-2021 Reg. Sess.) (Stats. 2021, ch. 551, § 2).) In light of these changes, we will reverse the trial court’s order and remand for further proceedings.
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