P. v. Valencia CA2/2
Pursuant to order by the California Supreme Court, we vacate our original opinion and issue this opinion instead.
In 2013, defendant and appellant Claudia Valencia was convicted of attempted murder. (Pen. Code, §§ 664, 187, subd. (a).) We affirmed the judgment on direct appeal. (People v. Valencia (Oct. 20, 2014, B253431) [nonpub. opn.] (Valencia I).) In 2019, following the enactment of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (SB 1437), defendant filed a petition for resentencing under section 1170.95. As is relevant here, the trial court summarily denied the petition on the ground that section 1170.95 did not apply to convictions for attempted murder.
Defendant timely filed a notice of appeal. On November 24, 2020, we affirmed the trial court’s order on the ground that section 1170.95 does not apply to convictions for attempted murder. (People v. Valencia (Nov. 24, 2020, B299957) [nonpub. opn.].)
Defendant filed a petition for review with the California Supreme Court.
Comments on P. v. Valencia CA2/2