P. v. Buford CA3
In 2020, following the passage of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437), defendant Terry Buford filed a petition pursuant to Penal Code section 1170.95 to be resentenced on his conviction of attempted murder. The trial court denied the petition at the prima facie stage without issuing an order to show cause, concluding defendant was ineligible for resentencing because he was convicted of attempted murder rather than murder. The court also concluded defendant was ineligible because, in finding him guilty of conspiracy to commit murder, the jury necessarily determined he had the intent to kill. Finally, the court rejected defendant’s equal protection claim. Defendant appeals, asserting the trial court’s determinations were erroneous. After the matter was fully briefed, we ordered supplemental briefing on the impact, if any, of Senate Bill No. 775 (2021-2022 Reg. Sess.) (Senate Bill 775) on defendant’s appeal.
We affirm.
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