P. v. Juarez CA4/3
In 2010, appellant Albert Julian Juarez was sentenced to 30 years in prison as part of an agreement under which he pleaded guilty to two counts of attempted murder and other crimes. When he more recently sought resentencing under Penal Code section 1170.95, the trial court denied his petition on the basis that section does not apply to the crime of attempted murder. That was true at the time the trial court made its ruling in 2019. However, as of January 1, 2022, new legislation makes section 1170.95 applicable to defendants who pleaded guilty to attempted murder charges which were prosecutable under the natural and probable consequences theory of aiding and abetting. As respondent concedes, this change requires that we reverse the trial court’s denial order and remand for further proceedings.
Comments on P. v. Juarez CA4/3