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Name: Pre-Banks/Clark Special Circumstance
Case #: C092937
Opinion Date: 03/02/2023
Attorney: Patricia L. Brisbois
Summary

In light of People v. Strong (2022) 13 Cal.5th 698, the Court of Appeal reversed the trial court’s denial of the appellant’s Penal Code section 1172.6 petition for resentencing, holding that a pre-Banks and Clark special circumstance finding did not preclude the appellant from making a prima facie case for relief.