P. v. Binns CA2/7
Keyron Lamont Binns, convicted in 1997 of attempted willful, deliberate and premediated murder (Pen. Code, §§ 187, subd. (a), 664) and other serious felonies, appealed the superior court’s order summarily denying his petition for resentencing, contending the court erred in ruling section 1170.95 did not apply to attempted murder. We affirmed the order based on prior decisions from this and other courts of appeal that had rejected identical arguments.
After granting Binns’s petition for review, the Supreme Court transferred the case to us with directions to vacate our prior decision and reconsider Binns’s appeal in light of Senate Bill No. 775 (Stats. 2021, ch. 551) (Senate Bill 775) and People v. Lewis (2021) 11 Cal.5th 952 (Lewis). In supplemental briefing Binns again argues the case should be remanded for the superior court to appoint counsel, issue an order to show cause and conduct an evidentiary hearing.
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