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Name: People v. Fouse
Case #: F085131
Opinion Date: 01/18/2024
Attorney: Brad Kaiserman
Summary

A jury convicted appellant of two counts of attempted murder and three counts of robbery (the underlying target offenses). Following the enactment of Penal Code section 1172.6, appellant successfully petitioned for resentencing. The trial court then redesignated appellant’s attempted murder convictions as assaults with a firearm on a peace officer (lesser included offenses) and added a conviction for evading a peace officer. The Court of Appeal agreed with appellant that the trial court erred, as the resentencing procedure provided in subdivision (d)(3) of section 1172.6 limited resentencing to the robbery target offenses of which appellant was charged and convicted.