P. v. Simms CA3
In 1993, a jury found defendant Lamar Deshon Simms guilty of second degree murder and assault with a deadly weapon. Defendant appeals the denial of this petition for resentencing pursuant to Penal Code section 1170.95. He contends the trial court erred by summarily denying his petition without issuing an order to show cause and the court erred in relying on this court’s prior opinion to conclude defendant was ineligible for relief under section 1170.95 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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