People v. McDaniel CA1/5

Filed 7/13/22 P. v. McDaniel CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent,

A162696

v. ERICK DASEAN McDANIEL, (Contra Costa County Super. Ct. Defendant and Appellant. No. 5-110701-0)

MEMORANDUM OPINION1

Erick Dasean McDaniel appeals from the trial court’s postjudgment order denying his petition for resentencing under Penal Code section 1170.95.2 McDaniel argues, and the People concede, that the merits of his petition must be reconsidered under recent ameliorative changes to section 1170.95. We agree and reverse, remanding to the trial court for further proceedings.

In 2011, McDaniel was charged with one count of murder (§ 187, subd. (a)). Firearm use enhancements were also alleged. Pursuant to a negotiated disposition, he pled no contest to

We…