P. v. Trujillo CA2/7
Salvador Trujillo, convicted of first degree murder in January 2018 after pleading no contest to the charge, appeals the superior court’s denial of his petition for resentencing pursuant to Penal Code section 1170.95, arguing the court either engaged in impermissible fact finding at the prima facie stage of the resentencing process or made an improper evidentiary determination of his ineligibility for relief based on uncited portions of preliminary hearing transcripts. Even if the procedures followed by the superior court in this case did not fully comply with the requirements subsequently established by People v. Lewis (2021) 11 Cal.5th 952, 963 (Lewis) and Senate Bill No. 775 (Stats. 2021, ch. 551, § 2) (Senate Bill 775), because the record of conviction demonstrated Trujillo’s ineligibility for resentencing as a matter of law, any possible errors were harmless.
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