P. v. Perez CA2/3
Appellant Antonio Perez appeals from a postjudgment order denying his Penal Code section 1170.95 petition. Without appointing counsel for Perez, the trial court found him ineligible for relief as a matter of law because he was convicted of attempted murder, not murder. We affirmed the trial court’s order, and our Supreme Court granted review. Thereafter, People v. Lewis (2021) 11 Cal.5th 952 (Lewis) held that counsel must be appointed for a defendant upon the filing of a facially sufficient petition, and the Legislature enacted Senate Bill No. 775 (2021–2022 Reg. Sess.) (Senate Bill 775) which, among other things, expanded section 1170.95 to encompass attempted murder. Our Supreme Court has transferred the matter back to us with directions to vacate our prior decision and reconsider the cause in light of Lewis and Senate Bill 775. We do so, and again affirm the trial court’s denial of the petition.
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