P. v. Peraza CA3
Defendant Johnnie Ray Peraza appeals the trial court’s denial of his second petition for resentencing under Penal Code section 1170.95, enacted as part of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Stats. 2018, ch. 1015) (Senate Bill 1437). He contends: (1) the summary denial of his first petition did not bar him from filing a second petition, and (2) the trial court erred by summarily denying his petition without appointing counsel or holding an evidentiary hearing. The People argue defendant was collaterally estopped from filing the second petition and the trial court correctly determined he was ineligible for relief, as a matter of law. Defendant also contends that in resentencing on remand from an earlier appeal, the trial court imposed an unauthorized sentence and failed to update his custody credits.
We accept the People’s concession that the matter must be remanded for resentencing based on an unauthorized sentence and to update defendant’s custody credits. We will affir
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