P. v. Sconiers CA2/3
Defendant and appellant Daryl Anthony Sconiers, Jr. (defendant) appeals from the judgment entered after he was resentenced upon the granting of his petition for vacatur and resentencing pursuant to Penal Code section 1170.95. Defendant contends, and respondent agrees, that the trial court erred in replacing his first degree murder conviction with a second degree murder conviction, and then resentencing him on the second degree murder, rather than on the remaining counts. We agree that this was error, therefore we reverse and remand with directions.
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