In this appeal from Penal Code section 1172.6 and 1172.75 hearings, the Court of Appeal agreed that the trial court misunderstood the elements of the offense of attempted murder. As such, the court remanded for the trial court to consider the petition under a correct application of the law. The Court of Appeal also held that the trial court failed to exercise its sentencing discretion under section 1172.75 as required on the most recent remand, and therefore vacated the sentence and remanded for a full resentencing.