People v. Nguyen CA6

Good Law
Court of Appeal of CaliforniaJuly 19, 2022H048263California2,215 words

Opinion

Opinion

Danner, J.

Filed 7/19/22 P. v. Nguyen CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H048263

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC247793)

v.

NGUYEN LE NGUYEN,

Defendant and Appellant.

Nguyen Le Nguyen appeals following the denial of his petition for resentencing under former Penal Code section 1170.951 (Stats. 2018, ch. 1015, § 4).2 The parties agree the trial court should not have denied Nguyen’s petition at the prima facie stage of the proceedings. We concur and therefore reverse the trial court’s order and remand with directions.

I. PROCEDURAL BACKGROUND

On March 6, 2003, the Santa Clara County District Attorney filed an information against Nguyen and a codefendant, Nhang Dinh Mai. Nguyen…

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