In re Richardson CA1/5
This case is before us following the California Supreme Court’s order to show cause before this court why petitioner is not entitled to relief on his writ of habeas corpus. Petitioner claims his counsel rendered ineffective assistance by failing to argue that petitioner’s youth at the time of the offense should be one of the factors considered during the hearing under Penal Code section 1170.95 to determine if he was eligible for resentencing.
The People filed a return, and petitioner filed a traverse and lodged exhibits. Pursuant to our request, the parties submitted supplemental briefing regarding the propriety of consideration of exhibits submitted with the traverse.
We grant the petition and remand for a new hearing under section 1170.95 where the trial court shall consider petitioner’s youth at the time of the offense as one of the factors in determining whether petitioner acted with reckless indifference to human life.
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