P. v. Nelson CA1/2
Appellant Mark Anthony Nelson was convicted following a jury trial of first degree murder. On appeal, he initially contended substantial evidence did not support the verdict under either theory presented at trial: premeditation and deliberation or lying in wait. He further contended the trial court erred when it refused to give the jury a unanimity instruction. We affirmed the judgment, but the California Supreme Court subsequently granted review and transferred the matter back to this court with directions to vacate our decision and reconsider the cause in light of Senate Bill No. 1393 (Stats. 2018, ch. 1013, §§ 1-2), which amended Penal Code section 1385, subdivision (b), effective January 1, 2019, to give trial courts new discretion to dismiss or strike prior serious felony convictions under section 667, subdivision (a). We shall again affirm the judgment, but shall remand the matter for resentencing so that the court can exercise its new discretion to determine whether to s
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