P. v. Mark CA1/3
Defendant Melvin Lamar Mark appeals an order summarily denying his petition for resentencing under the then applicable statute, Penal Code former section 1170.95 (Stats. 2018, ch. 1015). The trial court denied the petition, finding that Mark was ineligible for relief as he had been convicted of attempted murder, not murder. Because section 1170.95 has been amended, effective January 1, 2022 (Stats. 2021, ch. 551, § 2; Cal. Const., art. IV, § 8, subd. (c)(1)), to explicitly allow persons to petition for resentencing of attempted murder convictions, we reverse and remand.
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