P. v. Amante CA1/4
Defendant Peter James Amante appeals from the trial court’s denial of his Penal Code section 1170.95 petition to vacate his conviction for first degree murder and for resentencing. Because the jury’s special gang circumstance finding under section 190.2, subdivision (a)(22) establishes as a matter of law that Amante is ineligible for relief under section 1170.95, we conclude the trial court correctly denied the petition without issuing an order to show cause. We therefore affirm.
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