P. v. Cooc CA3
In 2005, a jury found defendant Jimmy Chi Cooc guilty of first degree murder and found true he was a principal in the crime and one of the principals in the crime was armed with a firearm. Defendant appeals the denial of his petition for resentencing pursuant to Penal Code section 1170.95, arguing the trial court improperly conducted a factual analysis at the prima facie stage. The Attorney General concedes the error. We reverse and direct the trial court to issue an order to show cause under section 1170.95, subdivision (c).
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