P. v. McClish CA3
Defendant Kenneth McClish appeals from a postjudgment order denying his petition for resentencing under Penal Code section 1170.95 as to his convictions for second degree murder and attempted murder. Defendant contends the trial court erred in finding him ineligible for relief as a matter of law. Based, in part, on new legislation that applies retroactively to defendant’s case, the People concur that defendant is entitled to reversal and remand for further proceedings on both convictions. As we shall explain, we agree with the parties.
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