P. v. Allen CA1/5
Appellant Donisha Allen filed a petition for resentencing under Penal Code 1170.95, which was denied on the grounds that she was not entitled to relief because she was convicted of attempted murder rather than murder. The Legislature subsequently clarified that persons convicted of attempted murder are entitled to seek resentencing under the statute. We reverse the trial court’s order finding that appellant had failed to make a prima facie case for relief under section 1170.95 and remand the matter to the trial court for an evidentiary hearing.
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