A166718

The Court of Appeal held that the trial court erred by summarily denying appellant’s PC 1172.6 petition for resentence on the grounds that it had already denied his previous petition under former PC 1170.95. The Court explained that the pervious petition was denied without prejudice, at appellant’s counsel’s request, and the Court of Appeal’s opinion affirming that denial did not foreclose appellant from filing another petition.  

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