PEOPLE v. OROZCO (2025)

The petition for review is granted.

The issue to be briefed and argued is limited to the following: Is defendant's indeterminate sentence for attempted murder unauthorized under Penal Code section 664, subdivision (a) because the prosecutor did not allege in the information that the attempted murder was willful, deliberate, and premeditated?

Pending review, the opinion of the Court of Appeal, which is currently published at 114 Cal.App.5th 343, 336 Cal.Rptr.3d 654, may be cited, not only for its persuasive value, but also for the limited purpose of establishing the existence of a conflict in authority that would in turn allow trial courts to exercise discretion under Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 456, 20 Cal.Rptr. 321, 369 P.2d 937, to choose between sides of any such conflict. (See Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21; Cal. Rules of Court, rule 8.1115(e)(3) and corresponding Comment, par. 2.)

Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban and Evans, JJ.