P. v. Harper CA3
In 1997, defendant Larry Tyrone Harper pleaded guilty to second degree murder. In 2019, defendant filed a petition for resentencing under Penal Code section 1170.95. The trial court denied defendant’s petition after holding an evidentiary hearing relying on the transcript from defendant’s preliminary hearing. During the pendency of this appeal, Senate Bill No. 775 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 551, § 2) (Senate Bill 775) was enacted, which modified section 1170.95. The parties now agree the matter must be remanded for a new hearing consistent with the revised section 1170.95.
In light of Senate Bill 775, we will reverse and remand for further proceedings.
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