P. v. Guerrero CA4/2
Defendant and appellant, Juan Antonio Guerrero, filed a petition for resentencing pursuant to Penal Code section 1170.95, which the superior court denied. After defense counsel filed a notice of appeal, this court appointed counsel to represent defendant.
Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of facts and a statement of the case. Defendant was offered the opportunity to file a personal supplemental brief, which he has done. Defendant contends that the amendments to section 1170.95 (Stats. 2021, ch. 551, § 2) enacted by Senate Bill No. 775 (2020-2021 Reg. Sess.), provide that all persons convicted of murder under any theory in which malice is imputed to the defendant solely based on their participation in a crime, including direct aiding and abetting, are eligible for relief. We affirm.
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