P. v. Abad CA4/1
Defendant Ruben Abad pleaded no contest to second degree murder after this court reversed his first degree murder conviction with a robbery/murder special circumstance (People v. Abad (Jun. 15, 2015, D067449) [nonpub. opn.]). He appeals from an order denying his Penal Code section 1170.95 petition for resentencing. Abad contends the trial court erred by summarily denying his petition based on its own factual determinations from the trial evidence and on this court’s statement in our prior opinion in his matter that substantial evidence supported his murder conviction and the special circumstance finding. He asks us to reverse the order and remand with directions that the court issue an order to show cause and hold an evidentiary hearing as required by section 1170.95.
The People concede the court erred when it denied Abad’s petition before allowing his counsel to submit a brief.
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