P. v. Dixon CA5
In 2009, petitioner Kevin Dixon pled no contest to the second degree murder of Kisasi Baltrip. (Pen. Code, § 187, subd. (a).) For this offense and a related enhancement, the trial court sentenced petitioner to a term of 25 years to life.
In 2019, petitioner filed a petition for resentencing pursuant to section 1170.95. The trial court summarily denied the petition without providing a statement of reasons.
On appeal, petitioner asserts he established a prima facie claim for resentencing eligibility and the court therefore erred in denying the petition without issuing an order to show cause or holding an evidentiary hearing. The People concede error. We accept the People’s concession and reverse.
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