People v. Salvador Ramirez
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The Court of Appeal reversed the trial court's order denying defendant's petition to vacate his murder conviction and for resentencing. Defendant argued that the trial court failed to follow the procedural requirements of Penal Code section 1170.95, and the People agreed.
The court held that, in the declaration attached to the petition, defendant satisfied all three requirements of section 1170.95, subdivision (b)(1), where he stated, among other things, that he could not have been convicted of murder under the changes to Penal Code sections 188 or 189, which became effective January 1, 2019. Furthermore, evidence supporting defendant's statement was attached to the petition. The court also held that the trial court was required by section 1170.95, subdivision (d)(2) to vacate the conviction and resentence defendant on the remaining counts. Accordingly, the court remanded to the superior court with directions to grant the petition, vacate the murder conviction, and resentence defendant on the remaining counts.
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