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PEOPLE v. SMITH

No. B298642.

49 Cal.App.5th 85 (2020)

THE PEOPLE, Plaintiff and Respondent, v. DAVID SHAWN SMITH, Defendant and Appellant.

Court of Appeals of California, Second District, Division Five.

May 15, 2020.

Attorney(s) appearing for the Case

Emry J. Allen , under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra , Attorney General, Lance E. Winters , Chief Assistant Attorney General, Susan Sullivan Pithey , Acting Assistant Attorney General, David E. Madeo and Idan Ivri , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

Defendant and appellant David Shawn Smith appeals from a postjudgment order denying his petition for resentencing pursuant to Penal Code section 1170.951 and Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437). As relevant here, the statute and Senate bill provide for vacatur...

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