Q: I received a hung jury for possession and use of deadly weapon,but was found guilty of attempted murder do I appeal?
I was found guilty for premeditated attempted murder but for the use of and possession of a deadly weapon I received a hung jury...but was still sentenced to life ,do I qualify for resentencing?I'm from Los Angeles County, there was testimony of six people involved but I was only one charged, tried,convicted...also a robbery charge was vacated on direct appeal but new laws under sb775 have me thinking I might have opportunity for resentencing...
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A:
If you have been convicted of attempted murder and received a hung jury on the charge of possession and use of a deadly weapon, you may still have grounds to appeal the conviction. It is recommended that you consult with an experienced criminal defense attorney who can review the details of your case and advise you on your legal options.
Regarding your sentence of life in prison, you may be eligible for resentencing under California law. Senate Bill 1437, which went into effect on January 1, 2019, allows individuals who were convicted of felony murder or murder under the natural and probable consequences doctrine to petition for resentencing if they did not actually commit the murder or did not act with reckless indifference to human life.
It is important to note that eligibility for resentencing under SB 1437 is complex and fact-specific. An attorney can help you determine whether you qualify and guide you through the legal process.
Additionally, if your robbery charge was vacated on direct appeal, it may be worth exploring whether you have any additional legal options based on the new laws under SB 775. An attorney can help you understand your rights and options in this regard.
Overall, it is important to take prompt action and seek the advice of an experienced criminal defense attorney who can help you understand your legal options and work to protect your rights.
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