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SB 775 Relief Six Days In

People v. Porter Docket: F080921 (Fifth Appellate District), Opinion Date: January 6, 2022. Porter was driving a getaway car following the 2008 robbery of a gas station convenience store. When the car was stopped by California Highway Patrol officers, Porter’s passenger shot at the officers. The passenger was apprehended. Porter turned himself in. Porter was convicted on two counts of attempted murder of a police officer and was sentenced to two consecutive terms of life with the possibility of parole. The court of appeal concluded that sufficient evidence supported his convictions for attempted murder under a natural and probable consequences theory. In 2020, Porter sought resentencing on his attempted murder convictions under Penal Code section 1170.95. The court summarily denied the petition on the ground section 1170.95 does not apply to convictions for attempted murder. The court of appeal reversed. During the pendency of Porter’s appeal, section 1170.95 was amended to expressly permit resentencing of certain persons convicted of attempted murder under a natural and probable consequences theory. (Sen. Bill 775 (2021-2022 Reg. Sess.) The parties agreed to a remand for the trial court to determine whether Porter has made a prima facie showing of entitlement to relief. #naturalandprobableconsequences #resentencing

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