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SB 1437 Relief 38 Years Later

People v. Aleo Court: California Courts of Appeal, Docket: F080005 (Fifth Appellate District), Opinion Date: May 27, 2021. Defendant was convicted of first degree murder in 1983 after he drove three companions to and from an armed robbery and burglary. After the passage of Senate Bill No. 1437, defendant filed a Penal Code section 1170.95 petition for resentencing. The Court of Appeal reversed the trial court's denial of the petition for resentencing without issuing an order to show cause. The parties agree, as does this court, that the matter must be remanded for the trial court to issue an order to show cause and to hold an evidentiary hearing.


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