P. v. Ignacio CA2/7
Eric Ignacio appeals from an order denying his petition to vacate his second degree murder conviction and for resentencing under Penal Code section 1170.95. Ignacio argues substantial evidence does not support the trial court’s conclusion he is guilty of second degree murder as a direct aider and abettor under amended sections 188 and 189 and, as a consequence, we should reverse the order denying his petition and direct the trial court to grant the petition and to resentence him as required by section 1170.95, subdivision (d)(1). In the alternative, he contends the case should be remanded for a new evidentiary hearing because the trial court erred when it relied on the factual summary and conclusions from this court’s February 2000 opinion in his direct appeal to conclude he was ineligible for resentencing.
Comments on P. v. Ignacio CA2/7