P. v. Martinez CA3
Defendant Anthony Martinez appeals the trial court’s denial of his petition for resentencing under Penal Code section 1170.95. He contends his conviction for attempted murder should have been eligible for relief under section 1170.95. In an unpublished opinion, we affirmed the trial court’s order. (People v. Martinez (July 6, 2021, C092554) [nonpub. opn.].) The Supreme Court granted review and transferred the matter back to us with directions to vacate our decision and reconsider the cause in light of Senate Bill No. 775. On transfer, the People now concede, and we agree, defendant is eligible for resentencing on his attempted murder conviction. Accordingly, we will reverse and remand with instructions to the trial court to appoint counsel and issue an order to show cause for further proceedings under section 1170.95.
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