P. v. Galarza CA2/1
Defendant and appellant Juan Carlos Galarza challenges the trial court’s denial of his petitions under Penal Code section 1170.95 for resentencing on his murder and attempted murder convictions. We previously affirmed, but the Supreme Court ordered us to vacate our opinion and reconsider the case in light of People v. Lewis (2021) 11 Cal.5th 952 (Lewis), which clarified the standards for adjudicating a petition for resentencing, and Senate Bill No. 775 (Stats. 2021, ch. 551) (Senate Bill No. 775), which expanded section 1170.95 to allow for resentencing on attempted murder convictions.
We once again affirm because the record of Galarza’s conviction shows that the jury found Galarza acted with malice in the murder and the attempted murder. Thus, he remains ineligible for resentencing as a matter of law, and any errors in denying his petitions were harmless.
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