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Name: Redesignated offense
Summary

Appellant filed a resentencing petition under Penal Code section 1172.6, and the trial court determined he was eligible for relief. The court redesignated his murder conviction as attempted robbery and first-degree residential burglary. The Court of Appeal concluded the murder conviction cannot be redesignated as a first-degree residential burglary because it was not the underlying felony  of appellant’s felony-murder conviction. The trial court’s order redesignating the murder conviction as a first-degree residential burglary conviction was reversed, and the matter remanded for the court to sentence appellant on the redesignated attempted robbery conviction.