P. v. Trotter CA3
Defendant Andy Otis Trotter appeals the trial court’s denial of his petition for resentencing under Penal Code section 1170.95, arguing the trial court erred in finding he was ineligible for relief as a matter of law, based on his attempted murder convictions. (Statutory section citations that follow are to the Penal Code.) Defendant also contends we must remand the matter to give the trial court the opportunity to strike the two 20-year firearm enhancements. In our original unpublished decision, we disagreed and affirmed the trial court’s order. Defendant appealed this denial to the California Supreme Court, which granted his petition for review, and on January 26, 2022, transferred the matter back to us with directions to vacate the previous decision and reconsider the matter “in light of Senate Bill No. 775 (Stats. 2021, ch. 551) [(Senate Bill 775)]and People v. Lewis (2021) 11 Cal.5th 952 [(Lewis)].”
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