P. v. Martinez CA4/2
Defendant and appellant, Louis Robert Martinez, filed a petition for resentencing pursuant to Penal Code section 1170.95, which the court summarily denied. On appeal, defendant contended the court erred in summarily denying his petition without affording him the opportunity “to brief the issues, or allow[] [defendant] to develop the record and to marshal evidence bearing upon whether an Order to Show Cause . . . should issue.” We affirmed.
On December 22, 2021, 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 3, 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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