P. v. Aguilera CA2/5
Eduardo Aguilera appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1170.95 for his prior convictions of attempted murder and voluntary manslaughter. He contends the trial court erred in concluding section 1170.95 does not apply to his attempted murder and voluntary manslaughter convictions. Due to an intervening change in the law, the prosecution concedes the statute now applies to those crimes. However, the prosecution argues that the denial of defendant’s petition should nonetheless be affirmed as the record establishes he is not eligible for relief as a matter of law. We disagree and reverse.
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