P. v. Velazquez CA3
In 1989, a jury found defendant Guillermo Velazquez guilty of second degree murder and found true the allegation that a principal in the murder was armed with a firearm. Defendant appeals the denial of his petition for resentencing pursuant to Penal Code section 1170.95 arguing the trial court improperly conducted a factual analysis at the prima facie stage. The Attorney General concedes the error. We reverse and direct the trial court to issue an order to show cause under section 1170.95, subdivision (c).
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