P. v. Bustamante CA2/5
In 2006, a jury found defendant Luis Bustamante, also known as Luis Bustamonte, (defendant) guilty of attempted premeditated murder and robbery for his role, with a fellow criminal street gang member, in stealing a gold chain from a victim and later shooting the same victim. (People v. Bustamonte (Oct. 16. 2007, B195690 [nonpub. opn.].) More recently, defendant filed a Penal Code section 1170.95 petition for resentencing in the trial court. The trial court denied the petition, and we initially affirmed because the terms of section 1170.95 as they existed at the time permitted relief only for those convicted of murder, not attempted murder.
After our disposition of defendant’s appeal, however, the Legislature passed and the Governor signed Senate Bill No. 775 (2020-2021 Reg. Sess.) (SB 775), which became effective on January 1, 2022.
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