P. v. Nguyen CA3
A jury found defendant Sutter Nguyen guilty of second degree murder and two counts of attempted murder. The trial court sentenced defendant to nine years four months for the attempted murders and 15 years to life for the murder. This court affirmed the judgment. (People v. Pham (Jan. 22, 2008, C049751, C049992) [nonpub. opn.] (Pham).)
Defendant filed a petition for resentencing under Penal Code section 1170.95 and requested appointment of counsel. The trial court denied the petition, concluding defendant was not eligible for resentencing as he was not convicted on a felony murder or natural and probable consequences theory. Although defendant had not sought resentencing on his attempted murder convictions, the trial court also noted that section 1170.95 did not apply to attempted murder convictions.
Comments on P. v. Nguyen CA3