P. v. Ramsey CA5
Appellant Kahlid Ramsey appeals the denials of his petition for resentencing under Penal Code section 1170.95, his motion to withdraw his plea under the terms of the plea agreement and section 1018, and his request to enforce his plea agreement. Appellant makes these arguments in the alternative, noting the plea agreement argument is made only if this court rejects his arguments under section 1170.95. This structure likely exists because success on the request to enforce the plea agreement would have previously rendered appellant categorically ineligible for relief under section 1170.95. (See People v. Flores (2020) 44 Cal.App.5th 985, 993 [conviction for manslaughter categorically ineligible for relief].)
With respect to the section 1170.95 argument, the parties agree that the trial court erred in making certain factual findings and thus should not have denied appellant’s petition.
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