People v. Larios
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Defendant appealed the trial court's order denying a petition for recall of sentence and resentencing pursuant to Penal Code section 1170.95. The Court of Appeal affirmed the trial court's order denying relief to defendant on his petition.
The court held that, although it fundamentally disagreed with People v. Lopez (2019) 38 Cal.App.5th 1087, and People v. Munoz (2019) 39 Cal.App.5th 738, review granted November 26, 2019, S258234, on the scope and legal ramifications of Senate Bill 1437 as it pertains to attempted murder, the court agreed with their ultimate conclusion that section 1170.95 provides no relief for the crime of attempted murder. The court held that the language and legislative history of section 1170.95 supported this conclusion. Furthermore, there was a rational basis for the Legislature's decision to grant relief pursuant to section 1170.95 only to murder convictions and exclude attempted murder convictions based on judicial economy and the financial costs associated with reopening both final murder and final attempted murder convictions.
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