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Name: People v. Isazaga
Case #: F085643
Opinion Date: 10/23/2023
Attorney: Vanessa Place

Appellant pleaded no contest to attempted murder in 2019. He later filed a petition for resentencing under Penal Code section 1172.6. The trial court found he made a prima facie case and issued an order to show cause. At the evidentiary hearing, the court rescinded its prima facie finding after the district attorney argued appellant was ineligible for relief because he entered his plea after Senate Bill No. 1437 (2017–2018 Reg. Sess.) went into effect. The Court of Appeal agreed with the parties that the trial court erred. The law was not expanded to prohibit attempted murder convictions based on imputed malice until Senate Bill No. 775 (2021–2022 Reg. Sess.) went into effect in 2022. The Court of Appeal found the district attorney’s amicus brief (which reiterated the same arguments from the evidentiary hearing) unpersuasive. The court remanded the matter with orders for the trial court to reissue the order to show cause and conduct an evidentiary hearing.