P. v. Hernandez CA3
Defendant Armondo Hernandez appeals from the denial of his Penal Code section 1170.95 petition. He argues the trial court applied an incorrect analysis when evaluating his claim, and also that no substantial evidence supports the court’s finding that he directly aided and abetted the killing. In an unpublished opinion, we reversed the order denying the petition and remanded for a new hearing. (People v. Hernandez (Aug. 9, 2021, C091247) [nonpub. opn.].) Our Supreme Court granted the Attorney General’s petition for review and ultimately transferred the case with directions for this court to vacate our prior decision and reconsider the cause in light Senate Bill No. 775 (2020-2021 Reg. Sess.) (Stats. 2021, ch. 551) (Senate Bill No. 775). Upon reconsideration, we come to the same conclusion; the record does not establish that the trial court applied the correct analysis to defendant’s claim. We reverse the order denying the petition and remand for a new hearing.
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