California v. Del Rio Court: California Courts of Appeal, Docket: D080369 (Fourth Appellate District), Opinion Date: August 2, 2023. Defendant-appellant Ramon Del Rio appealed the trial court’s decision to redesignate robbery as the basis for his conviction after granting Del Rio’s petition to vacate his two first degree murder convictions under Penal Code section 1172.6 (formerly section 1170.95). Del Rio contended the trial court violated his due process rights because he had no notice the court might take this action. He further argued the robbery conviction was not supported by substantial evidence in the record. After review of the trial court record, the Court of Appeal agreed the lack of notice and substantial evidence supporting the robbery conviction warranted reversal. The Court therefore remanded the case for further proceedings.
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