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Name: People v. Greenwood
Case #: C097600
Opinion Date: 10/27/2023
Attorney: Sharon Wrubel.

The Court of Appeal agreed with appellant that the trial court improperly relied at the prima facie stage on facts recited in a prior appellate opinion and the jury’s true findings on enhancement and special circumstance allegations to conclude that defendant was the actual killer and not eligible for relief under Penal Code section 1172.6. The court reversed the denial of appellant’s 1172.6 petition and remanded to the trial court with directions to issue an order to show cause and conduct an evidentiary hearing. (§ 1172.6, subd. (d).)