P. v. Chavez CA2/7
In 2011 a jury convicted David Chavez of the attempted willful, deliberate, and premeditated murder of Christian Contreras and assault with a firearm on Mario Olivares. The jury also found true multiple firearm enhancement allegations as to the attempted murder, including that in the commission of the offense, Chavez personally and intentionally discharged a firearm. We affirmed the judgment. (People v. Chavez (Aug. 15, 2012, B234522) [nonpub. opn.] (Chavez I).)
In 2019 Chavez, representing himself, filed a petition for resentencing seeking to vacate his attempted murder conviction and be resentenced pursuant to Penal Code section 1170.95. The trial court summarily denied Chavez’s petition without appointing counsel on the basis Chavez was ineligible for resentencing as a matter of law because he was not convicted of murder. We again affirmed.
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