P. v. Lewis CA2/5
We begin our opinion with an overview of the rather complex appellate history of this case. Three codefendants, Devin Lewis, Paul Jordan, and Anthony McLaurin, were convicted of multiple offenses, including felony murder and premeditated attempted murder. Many years later, they filed petitions for resentencing under Penal Code former section 1170.95 (now section 1172.6), which were summarily denied. In a single opinion we reversed the trial court’s orders denying the petitions. (People v. McLaurin (July 6, 2020, B296078, B298820 & B293314 [nonpub. opn.].) We refer to this appeal as the “First 1170.95 Appeal.”
Defendant Lewis, alone, sought Supreme Court review of that part of our opinion which held attempted murder did not qualify for section 1170.95 relief. Accordingly, our remittitur issued only as to defendants Jordan and McLaurin. Even though the remand to the trial court did not apply to Lewis, the trial court held further proceedings as to all three defendants.
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