P. v. Zapata CA2/3
In 1997, defendant Miguel Angel Zapata entered a plea of no contest to one count of second degree murder. In 2019, he petitioned for resentencing pursuant to Penal Code section 1170.95. He appeals the order of the trial court summarily denying his petition.
The record of conviction does not contain evidence demonstrating the factual basis for Zapata’s no contest plea. As a result, the People assert the trial court exceeded the scope of review under section 1170.95 by making factual findings about Zapata’s conviction without conducting an evidentiary hearing. We agree and reverse with instructions for the trial court to issue an order to show cause and conduct a hearing pursuant to section 1170.95, subdivision (d).
Comments on P. v. Zapata CA2/3