P. v. Miskam CA4/2
Defendant and appellant Dusty Matis Miskam appeals from the January 21, 2021 order of the superior court, dismissing his petition for resentencing on his 2017 conviction for voluntary manslaughter. (Pen. Code, § 1170.95.) In an unpublished decision, we affirmed the order dismissing defendant’s petition on the ground that persons convicted of voluntary manslaughter were not entitled to relief under section 1170.95. (People v. Miskam (Nov. 4, 2021, E076504) [nonpub. opn.].)
The Supreme Court granted review on January 19, 2022, and transferred the matter back to this court with directions to vacate our opinion and reconsider the cause in light of Senate Bill No. 775 (Senate Bill 775) (Stats. 2021, ch. 551, § 2), which amended section 1170.95 to clarify, among other things, that persons convicted of voluntary manslaughter are eligible for resentencing under the statute. (Id. at §§ 1-2.)
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