P. v. Clark CA4/2
Defendant and appellant, Donyette Yvonne Clark, filed a petition for resentencing pursuant to Penal Code section 1170.95, which the court dismissed. On appeal, defendant contended the court erred in dismissing her petition on the grounds that section 1170.95 does not apply to those convicted of attempted murder. We affirmed.
By order dated February 16, 2022, the California Supreme Court transferred the matter to this court with directions to vacate and reconsider our decision in light of Senate Bill No. 775 (Stats. 2021, ch. 551). On February 17, 2022, we vacated our opinion and provided that any party could file a supplemental brief within 15 days. Both parties have filed briefs maintaining the matter must be reversed and remanded. We reverse and remand the matter for reconsideration.
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