P. v. Deary-Smith CA3
In 2015, defendant Rashid Deary-Smith was found guilty of, among other things, attempted murder and sentenced to prison. In 2020, following the passage of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437), defendant filed a petition for resentencing pursuant to Penal Code section 1170.95. The trial court denied the petition based on what it then deemed to be controlling authority standing for the proposition that individuals convicted of attempted murder, as opposed to murder, were not eligible for Senate Bill 1437 relief. The court further concluded defendant failed to make the requisite prima facie showing. Defendant appealed. After the matter was initially fully briefed, we directed the parties to submit supplemental briefing on the effect, if any, of Senate Bill No. 775 (2021-2022 Reg. Sess.) (Senate Bill 775), effective January 1, 2022, on defendant’s appeal.
Comments on P. v. Deary-Smith CA3