In re Lambert CA2/2
Petitioner John Lambert was convicted of first degree murder with a special circumstance finding. He is currently serving a prison sentence of life without the possibility of parole. Lambert filed a petition for a writ of habeas corpus in the California Supreme Court, seeking relief from the special circumstance finding that supports his sentence under the authority of People v. Banks (2015) 61 Cal.4th 788 (Banks). The Supreme Court directed that the Secretary of the Department of Corrections and Rehabilitation show cause before this court why Lambert is not entitled to such relief. Having considered the petition, the Secretary’s Return, and Lambert’s Traverse, we now grant the petition insofar as it seeks relief under Banks, supra, 61 Cal.4th 788.
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