This section contains the nature of the case and procedural background.

In 2019, D and a codefendant were charged with attempted premeditated murder. The complaint alleged that a principal personally used a firearm, personally and intentionally discharged a firearm, and personally and intentionally discharged a firearm, causing great bodily injury or death, and that the attempted murder was committed for the benefit of a criminal street gang. In February 2020, before a preliminary hearing was conducted, D pleaded no contest to attempted murder and admitted to personal discharge of a firearm. D received a sentence of 17 years, consisting of the middle term of seven years for the attempted murder charge plus 10 years for discharge of a firearm. On March 9, 2023, D filed a petition for resentencing under section 1172.6. D claimed that he accepted a plea offer in lieu of a trial at which he could have been convicted of attempted murder, and further alleged in his petition that at that time, the natural and probable consequences doctrine was not eliminated for attempted murder, as it preceded the passage of Senate Bill 775 in 2022. The court ruled that because Hernandez's plea occurred after the passage of Senate Bill 1437, the prosecution could not have prosecuted him based on the natural and probable consequences doctrine, and thus, he had not shown a prima facie case for relief. D appealed.

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