P. v. Chinchilla CA4/3
Byron Christopher Chinchilla appeals from the trial court’s order denying his Penal Code section 1170.95 petition. Chinchilla argues section 1170.95 provides relief for those convicted of attempted murder and he is entitled to a hearing pursuant to People v. Franklin (2016) 63 Cal.4th 261 (Franklin).
We filed an opinion affirming the trial court’s denial of Chinchilla’s petition. After our Supreme Court granted review and held the matter, the court transferred the matter with directions to vacate our decision and reconsider the cause in light of Senate Bill No. 775 (Stats. 2021, ch. 551) (SB 775). The parties filed supplemental briefs on the effect of SB 775 on this appeal.
As we explain below, we must remand the matter for the trial court to consider in the first instance whether Chinchilla is entitled to relief under the recently enacted SB 775. His other contention has no merit. We reverse the postjudgment order and remand for further proceedings.
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