P. v. Arriola CA2/1
Based on his participation in a series of gang-related shootings on July 12, 1998, Albert Arriola was convicted of, among other crimes, four counts of attempted murder. (People v. Arriola (July 28, 2000, B131255) at pp. 2-4 [nonpub. opn.] (Arriola I).) In February 2019, Arriola petitioned the trial court under Penal Code section 1170.95 to vacate his sentences for attempted murder and resentence him on the remaining counts. The trial court summarily denied Arriola’s petition because, at the time, section 1170.95 did not provide for resentencing based on attempted murder convictions. We affirmed the trial court’s order in a nonpublished opinion. (People v. Arriola (Apr. 1, 2020, B297120) at p. 6 [nonpub. opn.] (Arriola II).) Arriola petitioned the Supreme Court for review and the Supreme Court granted and held the matter pending its review in another matter.
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