P. v. Chavez-Estrella CA1/4
Daniel Chavez-Estrella was convicted of carjacking after a jury trial in which the court found the victim, Maria Holguin (Holguin), unavailable and admitted her preliminary hearing testimony. On appeal to this court he challenged that decision, Holguin’s identification of Chavez-Estrella at a show-up and in court, the eyewitness jury instruction (CALCRIM No. 315) and the denial of his suppression and Romero motions. We affirmed.
Chavez-Estrella petitioned for Supreme Court review, reasserting his challenges to his conviction and asserting he was entitled to remand for resentencing pursuant to new sentencing provisions. The Court granted review and transferred the case to this court with directions to vacate our decision and to reconsider the cause in light of Senate Bill No. 567 (Stats. 2021, ch. 731 (Senate Bill 567)) and Assembly Bill No. 124 (Stats. 2021, ch. 695 (Assembly Bill 124)). We do so now.
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