P. v. Hanson CA3
In 2001, a jury found defendant Lionel Hanson guilty of second degree attempted murder (Pen. Code, §§ 664/187) and assault with a firearm (§ 245, subd. (a)(2)). The jury also found true the allegation that during the commission of the attempted murder, defendant personally discharged a firearm resulting in great bodily injury to his victim (§ 12022.53, subd. (d)). In an unpublished opinion, we affirmed the conviction and sentence on appeal. (People v. Hanson (Nov. 13, 2003, C039008) [nonpub. opn.].)
In 2020, defendant sought resentencing pursuant to section 1170.95. After appointing counsel, the trial court denied defendant’s petition without issuing an order to show cause. The trial court found defendant failed to state a prima facie case because section 1170.95 did not apply to convictions for attempted murder.
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