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Court Orders Resentencing: AB 124 Claim "Plausible"

People v. Banner Dockets: F079770A & F081144 (Fifth Appellate District), Opinion Date: April 8, 2022. Defendant was convicted of robbery. On his initial appeal, Defendant raised several issues, each of which was rejected. Defendant subsequently filed a habeas petition alleging ineffective assistance of counsel. This, too, was denied. Defendant filed a petition for rehearing, requesting the court order a resentencing hearing under then then-newly-passed AB 124.

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