P. v. Williams CA2/8
Saumal Martin Williams pleaded no contest to one count of second degree murder and one count of attempted murder. He challenges an order denying his petition for resentencing under Penal Code section 1170.95. We affirmed this ruling in an opinion filed June 2, 2020. Pursuant to an order of the California Supreme Court filed January 26, 2022, we vacate our decision and reconsider our ruling in light of Senate Bill No. 775 (2021–2022 Reg. Sess.) and People v. Lewis (2021) 11 Cal.5th 952 (Lewis).
Under Lewis and Senate Bill No. 775, the trial court should have appointed Williams counsel. Senate Bill No. 775 also expressly allows petitioners to challenge attempted murder convictions. Nothing in our record refutes Williams’s section 1170.95 allegations as a matter of law. Therefore, with counsel, it was reasonably probable the court would not have summarily denied his petition. We remand for further proceedings.
Undesignated statutory citations are to the Penal Code.
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