P. v. Cavalier CA2/2
Defendant and appellant Robert Cavalier (defendant) appeals from the trial court’s order denying his petition for resentencing on the ground that he was ineligible for relief under Proposition 36. He contends that the trial court erred in finding facts that were not encompassed by the verdict in his underlying conviction, that substantial evidence did not support the court’s finding that he was armed with a deadly weapon during the commission of the offense, that the trial court erred in applying the preponderance of the evidence standard of proof rather than the reasonable doubt standard, that he was entitled to a jury on the issue of whether he was armed with a deadly weapon, that his life sentence is cruel and unusual, and that he was denied effective assistance of counsel. Although we conclude that the trial court should have applied a reasonable doubt standard of proof, we find the error harmless. As there is no merit to defendant’s remaining contentions, we affirm the ju
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