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P. v. Bennett CA5
-ooOoo- In 2010, a jury convicted defendant Johnnie Albert Bennett (defendant) of first degree murder (Pen. Code, § 187) and the trial court sentenced defendant to 25 years to life. (Undesignated statutory references are to the Penal Code.) At trial, the jury was instructed on first degree murder based on two theories: premeditation and deliberation and lying in wait. In November 2019, defendant filed a petition for resentencing under

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