P. v. Craig CA4/3
Appeal from a postjudgment order of the Superior Court of San Bernardino County, Michael R. Libutti, Judge. Reversed and remanded with directions.
Ronda G. Norris, under appointment by the Court of Appeal, for Defendant, Appellant and Petitioner.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Daniel Rogers, Lynne McGinnis and Christopher P. Beesley, Deputy Attorneys General, for Plaintiff and Respondent.
Kent Craig appeals from the trial court’s postjudgment order denying his petition for resentencing under Penal Code section 1170.95 based on his 2010 first degree murder conviction. Craig argues the following: the trial court failed to issue an order to show cause and conduct a hearing; the court erred by relying on the “record of conviction” and in making factual findings to summarily deny his petition; and the court applied the wrong standard. We agree with his first contention and reverse the postj
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