P. v. Casillas CA5
On November 1, 2007, an amended complaint was filed against appellant, Juan Dejesus Burboa, Augustina Asencion Burboa, and Carlos Chavez alleging a single charge of murder, committed in the course of a robbery. Juan Dejesus Burboa alone faced additional allegations of being a principal in the murder armed with a firearm and personally discharging a firearm. On December 28, 2007, appellant pleaded no contest to one count of murder as charged in an information filed on November 14, 2007; all enhancements and allegations were dismissed, and appellant was eventually sentenced to a term of imprisonment of 25 years to life.
On June 18, 2020, appellant petitioned for resentencing under former section 1170.95. Although never formally determining appellant had made a prima facie showing of eligibility, the trial court ordered briefing and held a show cause hearing at which the People acknowledged their obligation to prove appellant was ineligible for resentencing.
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