P. v. Gonzalez CA3
In 2014, defendant Alejandro Javier Gonzalez was found guilty of second degree murder and shooting at an occupied vehicle. In 2021, defendant filed a petition for resentencing under Penal Code section 1170.95, alleging he was convicted under the natural and probable consequences doctrine. The trial court summarily denied defendant’s petition. On appeal, defendant contends he was entitled to counsel, briefing, a hearing, and an explanation for the trial court’s denial; the Attorney General agrees remand is appropriate. We agree with the parties; we reverse the order and remand with directions to the trial court to issue an order to show cause under section 1170.95.
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