Agreeing with People v. Secrease (2021) 63 Cal.App.5th 231, the Court of Appeal held that a pre-Banks/Clark special circumstance finding does not automatically bar a defendant from obtaining resentencing relief under section 1170.95, and that a defendant may challenge a jury’s special circumstance finding under Banks/Clark when petitioning for section 1170.95 relief even if he or she has not first done so by habeas corpus.
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