P. v. Watson CA4/2
Defendant and appellant April Lorraine Watson filed a petition for resentencing pursuant to Penal Code section 1170.95, which the court denied. On appeal, defendant contended the court erred in summarily denying her petition without proceeding to an evidentiary hearing. On September 18, 2020, we issued an opinion affirming the court’s order.
On December 1, 2021, the California Supreme Court transferred the matter back to us with directions to vacate our decision and reconsider the cause in light of People v. Lewis (2021) 11 Cal.5th 952, 971-972 (Lewis). On December 6, 2021, we vacated our opinion and permitted the filing of supplemental briefs.
In her supplemental brief, defendant contends the court erred in summarily denying her petition without proceeding to an evidentiary hearing. The People concede that defendant made a prima facie case, and the matter should be remanded for an evidentiary hearing. We agree.
Comments on P. v. Watson CA4/2