P. v. Phothirath CA3
Defendant Christopher Phothirath appeals the trial court’s denial of his petition for resentencing under Penal Code section 1170.95, enacted as part of Senate Bill No. 1437 (2017-2018 Reg. Sess.). He contends his conviction for attempted murder as an aider and abettor on a natural and probable consequences theory was eligible for relief under section 1170.95, and the trial court erred in denying his petition as he made a prima facie showing of eligibility. He also contends, and the People properly concede, that the sentence imposed is unauthorized under People v. Gonzalez (2009) 178 Cal.App.4th 1325 (Gonzalez). In an unpublished opinion, we agreed the sentence was unauthorized and remanded for resentencing; we affirmed the order denying defendant’s section 1170.95 petition, consistent with then prevailing case law that defendants convicted of attempted murder were not eligible for resentencing under section 1170.95. (People v. Phothirath (Oct. 20, 2021, C092316) [nonpub. opn.].)
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