P. v. McAlister CA3
A jury found defendant Gabriel McAlister guilty of first degree murder in the death of Timothy Schweiss, despite being unable to reach a decision on the allegations defendant personally discharged a firearm causing death or that the murder occurred during an attempted robbery. In 2019, after passage of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437), defendant filed a petition for resentencing pursuant to Penal Code section 1170.95. The trial court relied on our unpublished opinion in defendant’s appeal of his conviction to determine that defendant failed to make a prima facie showing of entitlement to relief, and denied the petition. Defendant argues the trial court erred in determining the evidence supported a finding he is ineligible for relief as a matter of law without first issuing an order to show cause and holding a hearing. The People concur in defendant’s request for remand. We agree with the parties, and remand for further proceedings.
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