P. v. Padilla CA4/1
This is an appeal from an order denying appellant’s petition for resentencing under Penal Code section 1170.95. The petition was denied by the trial court because appellant had been convicted of voluntary manslaughter as a lesser offense of the charge of murder. At the time of the ruling, the law appeared to support the trial court’s conclusion, but during the pendency of this appeal, the Legislature passed Senate Bill No. 775 (Stats. 2021, ch. 551) (Senate Bill 775), which makes clear that persons who plead guilty to manslaughter can be eligible for resentencing. As a result of the legislative clarification, the Attorney General properly concedes the order must be reversed and the matter remanded to the trial court for an evidentiary hearing.
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