In this appeal from the denial of appellant’s Penal Code section 1170.95 resentencing petition, the Court of Appeal held that the trial court abused its discretion in refusing to consider the evidence appellant sought to present at the evidentiary hearing (a codefendant’s declaration against penal interest) because, under section 1170.95, subdivision (d)(3), appellant had a statutory right to offer “new or additional evidence.” While trial courts may properly exclude evidence if it is not admissible under the Evidence Code, here, the trial court failed to adequately analyze whether the evidence was sufficiently trustworthy to be admissible; rather, the trial court questioned the credibility of the evidence solely on the fact that it had not been offered at trial. Additionally, because section 1170.95, as amended by Senate Bill 775, now provides resentencing relief for individuals convicted of attempted murder under certain circumstances, the court vacated the court’s order denying appellant’s resentencing petition and remanded for further proceedings.
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