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PEOPLE v. SUPERIOR COURT (FERRARO)

No. C090226 No. C089541.

51 Cal.App.5th 896 (2020)

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF BUTTE COUNTY, Respondent; DONALD R. FERRARO, Real Party in Interest. THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF BUTTE COUNTY, Respondent; ROGER HUNTER, Real Party in Interest.

Court of Appeals of California, Third District.

July 7, 2020.

Attorney(s) appearing for the Case

Michael L. Ramsey, District Attorney, and Stacy J. Edwards, Deputy District Attorney, for Petitioners.

No appearance for Respondents.

Jeffrey S. Kross for Real Party in Interest Donald R. Ferraro.

Law Offices of Stephana L.M. Femino and Stephana L.M. Femino for Real Party in Interest Roger Hunter.

Xavier Becerra, Attorney General, Thomas S. Patterson, Assistant Attorney General, Tamar Pachter and Nelson R. Richards, Deputy Attorneys General, as Amicus Curiae, at the request of the Court of Appeal, on behalf of Real Parties in Interest.

OPINION

I. INTRODUCTION

In 1990, real parties in interest Donald R. Ferraro and Roger Hunter pled guilty to second degree murder based on the same incident. In 2019, they each filed a petition to obtain resentencing under newly enacted Penal Code section 1170.95.1 Section 1170.95...

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