P. v. Rogers CA4/2
In 2002, Melissa Sue Rogers pled guilty to first degree murder and admitted personally using a firearm. In 2019, she filed a petition for resentencing relying on newly enacted Penal Code section 1170.95, which the trial judge denied.
On appeal, Rogers argues the trial judge erred by accepting the prosecution’s representation of the facts at the prima facie stage and by failing to give her the opportunity to brief the issues. The People correctly concede this was error. We therefore reverse and remand for the trial judge to determine whether Rogers is entitled to an evidentiary hearing on her petition by conducting a proper prima facie review, with the benefit of briefing from the parties.
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