P. v. Soy CA2/2
Kirivuthy Soy appealed the summary denial of his petition for resentencing under Penal Code section 1170.95. The parties agreed that because the record of conviction does not demonstrate appellant is ineligible for relief as a matter of law, the superior court summarily denied the petition in error. In our original opinion we reversed the superior court’s order and remanded the matter for further proceedings in accordance with section 1170.95, subdivision (d). (People v. Soy (Aug. 13, 2021, B307805) (Soy II).) We further directed that if the superior court conducts an evidentiary hearing in accordance with section 1170.95, subdivision (d)(3), the court, acting as an independent fact finder, must determine whether the prosecution has established beyond a reasonable doubt that the petitioner is guilty of murder on a theory of murder that remains valid after the changes in the law engendered by Senate Bill No. 1437, and is thus ineligible for relief. (Soy II.) In so holding we rejected
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