P. v. Jones CA2/11
Darrell Jones appeals from a trial court decision denying his motion for vacatur and resentencing under Penal Code section 1170.95 regarding his 1980 first degree murder conviction. He contends the trial court erred in denying relief without first issuing an order to show cause and holding an evidentiary hearing. Instead the trial court found at the prima facie stage, based on the record of Jones’s conviction, including the unpublished decision affirming his conviction on appeal, that Jones was a “major participant” in the felony that resulted in the murder and that he acted “with reckless indifference to human life.”
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