P. v. Duke CA2/1
The trial court denied defendant and appellant Jonathan Daveilo Duke’s petition under Penal Code section 1170.95 for resentencing on his murder conviction. We affirmed the decision, but after the Legislature enacted Senate Bill No. 775 (2021−2022 Reg. Sess.) (Senate Bill No. 775), which changed the rules of evidence and the standard of proof for determining resentencing petitions, the Supreme Court ordered us to vacate our opinion and reconsider the case in light of the new law. We now reverse the trial court’s decision and remand for a new hearing.
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