P. v. Chavez

Filed 12/23/20 P. v. Chavez CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on
opinions not certified for publication or ordered published, except as specified by rule
8.1115(b). This opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
THE PEOPLE,
Plaintiff and Respondent,
v.
ELIZABETH CHAVEZ,
Defendant and Appellant.
B304105
(Los Angeles County
Super. Ct. No. VA117603)
APPEAL from an order of the Superior Court of Los
Angeles County, John A. Torribio, Judge. Affirmed.
Jonathan E. Demson, under appointment by the Court of
Appeal, for Defendant and Appellant.
Xavier Becerra, Attorney General, Lance E. Winters, Chief
Assistant Attorney General, Susan Sullivan Pithey, Senior
Assistant Attorney General, Steven D. Matthews, Supervising
Deputy Attorney General, Michael J. Wise, Deputy Attorney
General, for Plaintiff and Respondent.

-- 1 of 2 --

2
Years ago, a jury convicted defendant Elizabeth Chavez
(defendant) on attempted murder and robbery charges for her
participation in armed robberies of a pawn shop and a jewelry
store. (People v. Chavez (May 18, 2016, B259908 [nonpub. opn.].)
More recently, she filed a Penal Code section 1170.95 petition for
resentencing in the trial court that implicitly contended Senate
Bill No. 1437’s changes to California’s murder statutes should
apply to her attempted murder convictions. The trial court
denied the petition.
The trial court’s ruling is correct. Senate Bill No. 1437,
including the retroactive petitioning procedure now codified at
section 1170.95, authorizes relief only for defendants convicted of
murder, not attempted murder, and that limitation does not
violate constitutional equal protection guarantees. (People v.
Love (2020) 55 Cal.App.5th 273, 279; People v. Alaybue (2020) 51
Cal.App.5th 207, 222-225; People v. Dennis (2020) 47 Cal.App.5th
838, 841, review granted Jul. 29, 2020, S262184; People v. Munoz
(2019) 39 Cal.App.5th 738, 753-769, review granted Nov. 26,
2019, S258234; People v. Lopez (2019) 38 Cal.App.5th 1087, 1103-
1112, review granted Nov. 13, 2019, S258175.)
The trial court’s order is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
BAKER, J.
We concur:
RUBIN, P. J. MOOR, J.

-- 2 of 2 --