Basler

Filed 5/25/22; Certified for publication 6/21/22 (order attached)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D079033

Plaintiff and Respondent,

v. (Super. Ct. No. SWF027442)

MATTHEW ALEXIS BASLER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Riverside County, Angel M. Bermudez, Judge. Reversed and remanded with directions. Alex Coolman and Nancy Olsen, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters and Daniel Rogers, Assistant Attorneys General, Eric A. Swenson, Alan L. Amann and Christine Y. Friedman, Deputy Attorneys General, for Plaintiff and Respondent. After having his first degree murder conviction reduced to second degree murder based on instructional Chiu error (People v. Chiu (2014) 59 Cal.4th 155), Matthew Alexis Basler filed a petition for resentencing under Penal Code1 section 1170.95. Following an evidentiary hearing at which Basler was not present, the trial court denied the petition, ruling (1) Basler was ineligible for relief…