P. v. Gutierrez CA2/1
Ubaldo Mio Gutierrez appealed from superior court orders (1) denying his petition for resentencing under section 1170.95 and an amendment to Senate Bill No. 620 (Stats. 2017, ch. 682) (the petition for resentencing), and (2) denying a petition for writ of habeas corpus. In August 2020, we affirmed the order denying the petition for resentencing and dismissed the appeal from the habeas petition. (People v. Gutierrez (Aug. 27, 2020, B306036) [nonpub. opn.] (Gutierrez II).)
The Supreme Court granted review and, in January 2022, transferred the matter to this court with directions to reconsider the cause in light of its decision in People v. Lewis (2021) 11 Cal.5th 952 (Lewis) and the enactment of Senate Bill No. 775 (Stats. 2021, ch. 551) (Senate Bill No. 775).
For the reasons set forth below, we again affirm the order denying the petition for resentencing and dismiss the appeal from the habeas petition.
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