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Name: People v. Lopez
Case #: F086154
Opinion Date: 02/07/2024
Attorney: Marcia Clark

Appellant filed several procedurally defective petitions for resentencing. The court provided appellant with information on how to cure these deficiencies but, when appellant complied with the court’s instructions and submitted a facially sufficient petition, the court determined the petition was not meaningfully changed from the prior petitions and denied it with prejudice. The Court of Appeal agreed with appellant that this was error. Further, the People conceded the record did not establish that appellant was ineligible for resentencing as a matter of law. The Court of Appeal accepted the People’s concession and remanded with directions to issue an order to show cause. (§ 1172.6, subd. (c).)