P. v. Montano CA3
Defendant Jesus Ceja Montano appeals the trial court’s order denying his petition for resentencing under Penal Code section 1170.95. Defendant contends the trial court erred in finding him ineligible for relief as a matter of law. Based, in part, on new legislation that applies retroactively to defendant’s case, the People concur that defendant is entitled to reversal and remand for further proceedings on one of his convictions. As we shall explain, we conclude that he is entitled to reversal and remand on two of his convictions.
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