P. v. McDaniel CA1/5
Erick Dasean McDaniel appeals from the trial court’s postjudgment order denying his petition for resentencing under Penal Code section 1170.95. McDaniel argues, and the People concede, that the merits of his petition must be reconsidered under recent ameliorative changes to section 1170.95. We agree and reverse, remanding to the trial court for further proceedings.
In 2011, McDaniel was charged with one count of murder (§ 187, subd. (a)). Firearm use enhancements were also alleged. Pursuant to a negotiated disposition, he pled no contest to voluntary manslaughter (§ 192, subd. (a)), admitted an allegation that he personally used a firearm (§ 12022.5, subd. (a)), and was sentenced to 15 years in prison. Almost nine years later, after section 1170.95 was enacted, he filed a petition for resentencing, asserting that he pled no contest to manslaughter in lieu of proceeding to trial on a murder charge that could be prosecuted under a felony murder theory.
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