In an appeal from the denial of a petition for resentencing under Penal Code section 1172.6, the Court of Appeal found that the trial court considered hearsay evidence – including the out-of-court statements of non-testifying coparticipants identifying appellant as the shooter – that is now inadmissible post-S.B. 775. Therefore, the court remanded the matter for the trial court to conduct another evidentiary hearing in accordance with the current evidentiary standards of section 1172.6.
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