P. v. Reynolds CA4/3
Defendant Charles Michael Reynolds was convicted by a jury of felony murder and related offenses. Defendant’s subsequent Penal Code section 1170.95 petition to vacate his murder conviction and for resentencing was denied because the trial court determined defendant was ineligible for resentencing as a matter of law, citing the jury’s robbery-murder and street gang special circumstance findings. Defendant contends these special circumstance findings, which were made before the Supreme Court’s decisions in People v. Banks (2015) 61 Cal.4th 788, and People v. Clark (2016) 63 Cal.4th 522, do not render defendant ineligible for resentencing as a matter of law. We agree, and accordingly vacate the trial court’s order denying defendant’s petition and remand for a hearing on the merits.
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