Error and/or relief
The defendant contends, the People concede, and we agree the superior court erred in finding that the defendant was ineligible for relief as a matter of law with respect to his attempted murder conviction because in 2022 the Legislature clarified with the enactment of Senate Bill No. 775 that relief was available for individuals convicted of attempted murder and voluntary manslaughter. We reverse the order as to his attempted murder conviction. We remand for the court to appoint counsel and to consider the petition in light of the current provisions of section 1172.6.
First Holding:
Senate Bill 775, effective January 1, 2022, expanded the scope of potential relief by applying Senate Bill 1437’s ameliorative changes to individuals convicted of attempted murder and voluntary manslaughter.
Authority:
PEN 1172.6
Second Holding:
Once a defendant files a facially valid petition with the required statutory language and a declaration that the defendant was eligible for relief under section 1172.6, subdivision (a), the court was required to appoint counsel upon request.
Authority:
People v. Lewis (2021) 11 Cal.5th 952, 962-963