P. v. Storment CA5
In 2018, petitioner Brian Storment pled no contest to the second degree murder of 14-year-old J.V. (Pen. Code, § 187, subd. (a).) The trial court sentenced petitioner to a term of 15 years to life.
In 2019, petitioner filed a petition for resentencing pursuant to section 1170.95. The trial court denied the petition on the ground petitioner was not convicted of felony murder or murder under a natural and probable consequences theory, and thus was ineligible for resentencing.
On appeal, petitioner asserts he established a prima facie claim for resentencing and the court therefore erred in denying the petition without issuing an order to show cause or holding an evidentiary hearing. We agree and reverse.
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