P. v. Stewart CA4/2
Defendant and appellant, Thurston Stewart IV, filed a petition for resentencing pursuant to Penal Code section 1170.95, which the superior court denied. On appeal, defendant contended the court erred in denying his petition on the grounds that section 1170.95 did not apply to those convicted of attempted murder. We affirmed by opinion filed May 21, 2021.
On January 5, 2022, the California Supreme Court ordered the matter transferred to this court with directions to vacate our decision and reconsider the matter in light of Senate Bill No. 775 (Stats. 2021, ch. 551). On January 7, 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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