P. v. Diego CA2/5
A jury convicted defendant and appellant Pedro Alberto Diego (defendant) on murder and attempted murder charges, among others. Defendant petitioned the trial court to vacate his first degree murder conviction pursuant to Penal Code section 1170.95. The trial court appointed counsel for defendant and denied his petition. This court initially affirmed, but after passage of Senate Bill No. 775 (2021-2022 Reg. Sess.) (SB 775), our Supreme Court granted review and returned the cause to us for further consideration. There is now no real dispute between the parties: defendant does not challenge the correctness of our prior holding that defendant’s murder convictions are not subject to vacatur under section 1170.95 and the Attorney General concedes defendant’s attempted murder convictions may qualify for section 1170.95 relief.
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