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Court Must Issue OSC in 1170.95 Case

California v. Jenkins Docket: E075886 (Fourth Appellate District), Opinion Date: October 25, 2021. In 2002, a jury convicted Sherwood Jenkins of the second degree murder and kidnapping of Phillip Reeves. In 2019, Jenkins filed a petition to vacate his murder conviction under Penal Code section 1170.95, and the trial court denied the petition without issuing an order to show cause. Jenkins argued the court erred because it engaged in improper factfinding at the prima facie review stage, and the record of conviction did not refute the allegations of his petition. The State conceded the court erred by failing to issue an order to show cause, and to this, the Court of Appeal agreed. Accordingly, the Court reversed the order denying the petition, and the trial court was directed to issue an order to show cause under section 1170.95(c).


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