California, United States of America
The following excerpt is from People v. Harris, B299340 (Cal. App. 2020):
The trial court did not err by summarily denying appellant's petition with respect to his convictions for attempted murder because Section 1170.95 provides no relief from convictions for that offense. Under the statute's plain language, a petitioner is limited to seeking relief from a murder conviction. (Pen. Code, 1170.95, subd. (a) ["A person convicted of felony murder or murder under a natural and probable consequences theory may file a petition with the court that sentenced the petitioner to have the petitioner's murder conviction vacated" (italics added)].) In the proceedings on the petition, the court and parties are limited to addressing potential relief from a murder conviction; if the court issues an order to show cause, either the parties "stipulate that the petitioner is eligible to have his or her murder conviction vacated," or the court holds a hearing "to determine whether to vacate the murder conviction . . . ." (Id., 1170.95, subd. (d), italics added.) Thus, Section 1170.95 neither authorizes a petitioner to seek relief from an attempted murder conviction nor authorizes a court to grant such relief. (See People v. Alaybue (2020) 51
Page 15
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.