The Court of Appeal found that the trial court erred by weighing the evidence at the prima facie stage of an 1170.95 resentencing petition to discredit appellant’s averment that he was not the actual killer and to find, based on the evidence, that appellant was the actual killer. The Court, therefore, reversed the trial court’s order denying the petition and remanded the matter with directions to issue an order to show cause under section 1170.95, subdivision (c) and hold a hearing pursuant to section 1170.95, subdivision (d) to determine whether to vacate appellant’s murder conviction and recall his sentence and resentence him.
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