P. v. Camacho CA2/3
In 2019, Francisco Javier Camacho petitioned for resentencing pursuant to Penal Code section 1170.95. The trial court summarily denied the petition at the prima facie stage of review, on the basis that the record of conviction showed a jury found true the robbery-murder special circumstance allegation pursuant to section 190.2, subdivision (a)(17) and the personal use of a firearm allegation pursuant to section 12022.5, subdivision (a). Camacho did not timely appeal. In 2021, Camacho again sought relief under section 1170.95 by filing a supplemental request to the 2019 petition. As relevant here, the trial court denied the request stating Camacho was ineligible for relief as a matter of law due to the true findings by the jury and that the appropriate remedy was to appeal the original denial.
Camacho appeals from the denial of his supplemental request. We find that there was no procedural bar to Camacho’s supplemental request.
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