P. v. Rembert CA4/3
Scott Earl Rembert appeals from the trial court’s postjudgment order denying his petition for resentencing pursuant to Penal Code section 1170.95. The court concluded a person convicted of murder with a special circumstance before the Supreme Court’s decisions in People v. Banks (2015) 61 Cal.4th 788 (Banks), and People v. Clark (2016) 63 Cal.4th 522 (Clark), is barred from pursuing resentencing. We disagree. Because the record of conviction does not establish Rembert’s ineligibility for resentencing as a matter of law, we reverse the postjudgment order denying the petition and remand the matter with directions to issue an order to show cause (OSC) and to proceed in accordance with Penal Code section 1170.95, subdivision (d).
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