Gaillard

Filed 2/26/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082071

Plaintiff and Respondent,

v. (Super. Ct. No. SCN315241)

DEVIN GAILLARD,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Robert J. Kearney, Judge. Reversed and remanded with directions. Christine M. Aros, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, A. Natasha Cortina, Lynne G. McGinnis and Kelley Johnson, Deputy Attorneys General, for Plaintiff and Respondent. Devin Gaillard appeals from an order denying his petition for resentencing on a 2014 voluntary manslaughter conviction under Penal

Code 1 section 1170.95 (now § 1172.6). 2 Gaillard argues that he established a prima facie case because the record of conviction does not conclusively establish his ineligibility for relief. The People concede the error and agree that the order must be reversed. We agree with the parties and…