P. v. Fajardo CA2/6
Maria Del Carmen Granados Fajardo appeals an order denying her petition for resentencing filed under Penal Code section 1170.95 following her prior conviction of second degree murder. (§ 187, subd. (a).) The trial court did not issue an order to show cause for an evidentiary hearing. We affirmed. Our Supreme Court granted a petition for review and transferred this matter back with directions for us to vacate our prior opinion and reconsider the cause in light of Senate Bill No. 775. (Stats. 2021, ch. 551, § 2.) We have considered the impact of the new law, and we have decided the trial court erred by denying the petition without first issuing an order to show cause for an evidentiary hearing. We reverse.
Comments on P. v. Fajardo CA2/6