May 24, 2022 – People v. Whitson (2nd Dist, Div. 5, B305714)

Where the trial court denied, at the prima facie stage, a petition for resentencing under PC 1170.95, the Court of Appeal reverses and remands for an evidentiary hearing as to the convictions for murder and attempted murder. However, the court holds that PC 1170.95 does not apply to convictions for conspiracy to murder and so affirms the denial as to that conviction.