P. v. Escobedo CA5
In 2005, petitioner Reyes Escobedo pled no contest to the second degree murder of Christopher Stoner. (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 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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