People v. Ramnanan CA4/2

I.

INTRODUCTION

Defendant and appellant Andre Ramanan appeals from the trial court’s denial of 2 his petition for resentencing pursuant to Penal Code former section 1170.95. He

contends the court erred in denying his petition finding him ineligible for relief as a

matter of law based on the jury’s special circumstances finding. While defendant’s 3 appeal was pending, our Supreme Court held that a pre-Banks/Clark felony-murder

special circumstance finding does not render a former section 1170.95 petitioner

ineligible for relief as a matter of law. (People v. Strong (2022) 13 Cal.5th 698 (Strong).)

Based on Strong, we must vacate the trial court’s order and remand the matter for further

proceedings.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Lee and Peggy Williams (collectively “Williams”) lived in Yermo. They owned

1 All future references are to the Penal Code unless otherwise stated.

2 That section has since been renumbered as section 1172.6. (Stats. 2022, ch. 58, § 10.) However, because that change was nonsubstantive, we will cite to former section 1170.95 for ease of reference.

3 People v. Banks (2015) 61 Cal.4th 788 (Banks); People v.…