People v. Fouse
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In this case, Darlene Renee Fouse, who was convicted in 2006 for several crimes, including attempted murder of a peace officer, appealed a resentencing order under Penal Code section 1172.6. Fouse was originally convicted as a getaway driver in a series of violent home invasion robberies. After her petition for resentencing under Penal Code section 1172.6, the court vacated her two convictions for attempted murder of a peace officer, as she was deemed not culpable under the amended law. Instead, the court redesignated the offenses as two counts of assault with a firearm on a peace officer and added a conviction for felony evading a peace officer.
Fouse argued that the court erred in redesignating the attempted murders as assaults with a firearm on a peace officer and in adding a conviction for evading a peace officer, as the jury had convicted her of the target offenses of robbery. The Court of Appeal of the State of California Fifth Appellate District agreed with Fouse, stating that since the target offenses (robbery) were charged and Fouse was convicted of them, the statute required the court to resentence Fouse on the remaining charges. It did not permit the court to redesignate the attempted murder convictions to other offenses. Therefore, the court reversed the trial court's order and remanded for further proceedings.
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