P. v. Horton CA2/11
Defendant and appellant John Horton, who was convicted of first degree murder, appeals from an order denying his petition for resentencing under newly-enacted Penal Code section 1170.95. The trial court appointed counsel for Horton and set the matter for a hearing, then denied the petition. On appeal, Horton argues, respondent concedes, and we agree the trial court erred in concluding Horton had not stated a prima facie case for relief. We reverse.
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