P. v. Larios CA5
Richard Rodriguez Larios appeals from an order denying a petition for recall of sentence and resentencing on three counts of attempted murder. The petition was filed pursuant to Penal Code section 1170.95 as originally enacted by Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437). In a prior decision, this court concluded the petition was properly denied because section 1170.95 afforded no relief to defendants convicted of attempted murder. The California Supreme Court has ordered the prior decision vacated and directed us to reconsider the cause in light of Senate Bill No. 775 (2021–2022 Reg. Sess.) (Senate Bill 775).
Senate Bill 775 amended section 1170.95 to expressly provide for the availability of relief to persons convicted of “attempted murder under the natural and probable consequences doctrine.” (§ 1170.95, subd. (a).) The legislation also added a provision concerning petitioners’ entitlement to appointed counsel. (Id., subd. (b)(3).)
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