P. v. Lindsey-Jones CA4/2
Defendant and appellant Tre Lindsey-Jones appeals from the trial court’s order denying his petition under Proposition 64 to redesignate as a misdemeanor his felony conviction for transporting more than an ounce of marijuana. Defendant argues: (1) he had a right to be present for the hearing and suffered prejudice from being absent; (2) the factual finding that he transported the marijuana out of the state must be proven beyond a reasonable doubt, not by clear and convincing evidence; (3) the trial court erred when it relied on the police report to find defendant ineligible because the report was hearsay; (4) the evidence was insufficient to prove he attempted to transport the marijuana to a location outside California; and (5) defense counsel was ineffective for failing to object to the trial court’s ruling on the above grounds.
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