P. v. Gonzalez CA3
Defendant Jose Gonzalez appeals the denial of his Penal Code section 1170.95 petition. He argues the superior court incorrectly analyzed his claim and should have weighed the evidence as an independent trier of fact under section 1170.95, subdivision (d)(3). He further argues that substantial evidence does not support the court’s finding that he could still be convicted of murder despite the change in the law. The People agree with defendant that the court erred in undertaking a sufficiency of the evidence review but contend that the error was harmless because defendant was ineligible for relief.
We agree with the parties that the trial judge applied an incorrect standard based on a now-vacated appellate decision. We find the error is not harmless and will reverse the order denying the petition and remand for a new hearing.
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