[Published Opinion] After granting appellant’s 1170.95 motion, the trial court redesignated his two murder convictions as six home-invasion robberies or attempted robberies. Although the Court of Appeal held that the trial court did not err by resentencing appellant to prison on more counts of robbery than the number of murder convictions he had sustained, the Court found that substantial evidence did not support the redesignated conviction for one of six robberies. The “victim” named in that count was a neighbor who called 911 when he heard the gunshots, but there was no evidence he was a robbery victim.
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