P. v. Tucker CA3
Defendant Marcellious Dewayne Tucker appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1170.95. He argues that the trial court erred when it denied his petition at the prima facie stage after finding that the record of conviction contained substantial evidence that could theoretically support a murder conviction under current law. We agree the trial court erred in denying defendant’s petition and will remand the case for further proceedings.
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