P. v. Birdsong CA2/1
A jury convicted Patrick Dwight Birdsong, Jr. of murdering Richard Juarez and attempting to murder Richard De la Cruz on the evening of November 3, 2009. After the Legislature enacted Penal Code section 1170.95, Birdsong filed a petition for resentencing of his murder conviction. He also argued at a hearing on the petition for resentencing that he should be resentenced on his attempted murder conviction. Although the trial court had appointed counsel for Birdsong, the trial court summarily denied the section 1170.95 petition before any party filed the briefs contemplated by section 1170.95, subdivision (c).
Birdsong contends the trial court committed prejudicial error because the jury was instructed about the natural and probable consequences doctrine with regard to his attempted murder conviction. We agree with Birdsong and will reverse the trial court’s order denying his section 1170.95 petition.
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