P. v. Graves CA2/2
Defendant and appellant Alex Demetrius Graves (defendant) appeals from the denial of his petition for vacatur and resentencing pursuant to Penal Code section 1170.95. While this appeal was pending the Legislature enacted Senate Bill No. 775 (2021-2022 Reg. Sess.) (Senate Bill 775), which amends section 1170.95. (Stats. 2021, ch. 551, § 2 [eff. Jan. 1, 2022].) In light of this recent legislation we asked the parties to file supplemental briefs addressing the effect, if any, of Senate Bill 775 on defendant’s appeal. In his supplemental brief, defendant acknowledges that Senate Bill 775 is not relevant to this appeal because the legislation expands section 1170.95 relief to include attempted murder and manslaughter. Here defendant challenges his murder conviction. Defendant asserts that Senate Bill 775 bears some future relevance to his case, however, that is not the issue here, and we leave it to defendant to file a new or amended petition in the future if he chooses.
Comments on P. v. Graves CA2/2