P. v. Alcarez CA4/3
In 1997, a jury convicted appellant Joe Julio Alcarez of attempted murder after receiving instructions that included the natural and probable consequences doctrine. In 2019, Alcarez filed a petition for resentencing under Penal Code section 1170.95, a statute enacted by Senate Bill No. 1437 (Sen. Bill 1437) which “amend[ed] the felony murder rule and the natural and probable consequences doctrine, as it relates to murder.” (Stats. 2018, ch. 1015, § 1, subd. (f).)
The trial court denied Alcarez’s petition without appointing counsel since Alcarez was convicted of attempted murder rather than murder. Section 1170.95, as originally formulated, did not apply to attempted murder. We affirmed; the California Supreme Court granted review but deferred further action. The high court then issued People v. Lewis (2021) 11 Cal.5th 952 (Lewis) which focused on the procedural aspects of section 1170.95.
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