P. v. Rocha CA4/3
Defendant Maria Isabel Rocha appeals from an order denying her petition for resentencing under Penal Code section 1170.95. The trial court denied the petition because, through a guilty plea, appellant was convicted of voluntary manslaughter, not the initially charged crime of murder. At the time of the denial, the law overwhelmingly supported the trial court’s conclusion. However, during the pendency of this appeal, the Legislature passed Senate Bill No. 775 (Stats. 2021, ch. 551) (Senate Bill 775), which makes clear that persons who plead guilty to manslaughter may be eligible for resentencing. As a result of the legislative change which recently took effect, the Attorney General concedes, and we agree, the order must be reversed and the matter remanded to the trial court for further proceedings consistent with amended section 1170.95.
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