P. v. Gonzales CA2/4
This appeal is from the trial court’s summary denial of defendant and appellant Robert Gonzales’s petition under Penal Code section 1170.95 seeking resentencing on his conviction for second degree murder. We affirmed the court’s summary denial in a previous opinion (People v. Gonzales (Jan. 26, 2021, B304024) [nonpub. opn.] (Gonzales II)). Thereafter, the Supreme Court granted review and transferred the matter back to us with directions to vacate the decision and reconsider the cause in light of Senate Bill No. 775 (Stats. 2021, ch. 551) (S.B. 775) and People v. Lewis (2021) 11 Cal.5th 952 (Lewis).
We vacate our prior opinion in Gonzales II and, after reconsidering the cause, agree with the parties that the trial court erred by summarily denying appellant’s petition for resentencing. We reverse the order and remand the matter to the trial court with directions to issue an order to show cause and proceed in accordance with section 1170.95, subdivision (d).
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