P. v. Hernandez CA2/7
Ricardo Hernandez appealed from the superior court’s order denying his petition for resentencing under Penal Code section 1170.95. He contended the court, after issuing an order to show cause under section 1170.95, subdivision (c), erred by applying an incorrect standard of proof when ruling, under section 1170.95, subdivision (d)(3), the prosecution proved he was ineligible for resentencing. Hernandez argued that, in requiring the prosecution merely to prove he could still be convicted of murder under changes in the law effected January 1, 2019 by Senate Bill No. 1437 (Stats. 2018, ch. 1015, § 4), the court applied a standard of proof “equivalent to the substantial evidence standard.” Hernandez argued the correct standard requires the court, acting as an independent factfinder, to determine whether the prosecution proved beyond a reasonable doubt the defendant is guilty of murder on a theory that is valid under current law. The People conceded (as the record shows) the superior
Comments on P. v. Hernandez CA2/7