P. v. Herrera CA2/7
Anthony Herrera, convicted after a jury trial in 2004 of attempted murder and robbery, appealed the summary denial of his petition for resentencing under Penal Code section 1170.95, contending the superior court had erred in ruling section 1170.95 did not apply to attempted murder and denying his petition without appointing counsel and conducting a hearing at which the parties could present evidence. We affirmed the order based on prior decisions from this and other courts of appeal that had rejected identical arguments.
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