How has the term "convicted" been interpreted in the context of section 1170.95 of the California Criminal Code?

We begin by interpreting the term "convicted" as it is used in the third condition. A person stands " 'convicted' " upon the return of a guilty verdict after trial or the entry of a plea admitting guilt. (People v. Davis (2010) 185 Cal.App.4th 998, 1001.) In the context of section 1170.95, the petitioner contests his or her guilt of murder under the current law, so "convicted" does not refer to admission of guilt by plea. Instead, "convicted" can be construed as "found guilty if he or she were now tried." Using that interpretation of "convicted," the third condition can be construed as "petitioner could not be found guilty of first or second degree murder under the current law if he or she were now tried."⁵