People v. Valdez CA4/1

DISCUSSION

The Appellants’ appeals were not final as of the effective date of Senate Bill 775. Thus, the Appellants are entitled to receive the benefits of the new legislation if they otherwise qualify. (People v. Vieira (2005) 35 Cal.4th 264, 306.) Since the statute had not been enacted when the trial court ruled on the petitions, we must remand the case to the Superior Court. After reviewing the record, the Attorney General also correctly concedes we should direct the trial court to issue an order to show cause and to hold an evidentiary hearing as required by section 1170.95. Our review of the record and the new legislation convinces us the parties are correct in their analysis of these appeals. We will reverse and remand with directions.

DISPOSITION

The orders denying the Appellants’ petitions are reversed. The case is remanded to the superior court with directions to issue orders to show cause

3 and to conduct evidentiary hearings as required by statute. We express no opinion as to the correct outcome of such evidentiary hearings.

HUFFMAN, J.

WE CONCUR:

McCONNELL, P. J.

DO, J.

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