P. v. Haggerty CA2/5
In 2007, appellant Deion Haggerty was convicted of, among other crimes, three counts of attempted willful, deliberate and premeditated murder. On appeal, he argues that the trial court erred in summarily denying his Penal Code section 1170.95 petitions without appointing counsel. We affirm because appellant was ineligible for relief both at the time of the trial court’s February 2021 denial – and even now under recent amendments to section 1170.95. Those amendments added attempted murder to the crimes for which resentencing was available under the statute. We conclude that appellant is nevertheless ineligible for section 1170.95 relief because he was not convicted of attempted murder under the natural and probable consequences doctrine.
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