P. v. Struggs CA5
In 1981, a jury convicted petitioner Cedric Lynn Struggs with the first degree murder (Pen. Code, § 187, subd. (a); first count) of Alfred Joe Dishman. For this offense, the trial court sentenced petitioner to a term of 25 years to life with an additional one-year term for a firearm enhancement (§ 12022, subd. (a)). (People v. Struggs (Jan. 24, 1983, 15006) [nonpub. opn.].)
In 2019, petitioner filed a petition for resentencing on his murder conviction pursuant to section 1170.95. After conducting an evidentiary hearing, the trial court denied relief on the ground petitioner was a major participant in the offense who acted with reckless indifference to human life, a disqualifying factor pursuant to section 1170.95.
On appeal, petitioner contends the trial court erred in applying a “sufficiency of the evidence” standard at the section 1170.95, subdivision (d) evidentiary hearing. The People concede error. We accept the People’s concession and reverse.
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