P. v. Rainey CA4/2
In 2012, defendant and appellant Tyrell James Rainey was convicted of first degree attempted murder (Pen. Code, §§ 664/187, subd. (a)) as an aider and abettor based on the natural and probable consequences theory. About seven years later, in 2019, defendant filed a petition for resentencing pursuant to section 1170.95. The trial court summarily denied the petition finding section 1170.95 did not apply to attempted murder, which was the correct result at the time. In a prior nonpublished opinion, People v. Rainey (Apr. 28, 2020, E072758), we affirmed the trial court’s order. The Legislature, however, since has passed and the Governor has signed Senate Bill No. 775 (2020-2021 Reg. Sess.), which makes clear that persons convicted of attempted murder could be eligible for resentencing relief. (Stats. 2021, ch. 551, § 1.)
Following the issuance of our prior opinion upholding the trial court’s order, defendant filed a petition for review in the California Supreme Court (S262396).
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