P. v. Loya CA2/8
Defendant Gilbert Neverez Loya appeals the trial court’s order denying his petition for resentencing under the Three Strikes Reform Act of 2012 (hereafter Proposition 36 or the Act; Pen. Code, § 1170.126). Defendant’s only contention on appeal is that the trial court used the incorrect standard of proof when it considered his petition, finding him disqualified from resentencing by a preponderance of the evidence instead of beyond a reasonable doubt. Because the trial court found the disqualifying factors beyond a reasonable doubt, we affirm the order below.
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