P. v. Robinson CA2/7
Eric Frank Robinson appeals from a postjudgment order denying his petition for resentencing under Penal Code section 1170.95 as to his 1994 conviction of felony murder. The People concede and we agree the superior court erred in failing to appoint counsel for Robinson and in engaging in premature factfinding in concluding Robinson was ineligible for relief without issuing an order to show case and holding an evidentiary hearing. We reverse the order denying Robinson’s petition and remand with directions for the superior court to appoint counsel for Robinson, issue an order to show cause, and conduct further proceedings pursuant to section 1170.95, subdivision (d).
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