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P. v. Moberly CA5
Appellant Robert Lee Moberly appeals the trial court’s order denying his petition to recall his sentence and to be resentenced pursuant to Penal Code section 1170.91. Moberly contends the trial court (1) employed the wrong standard when finding he had not made the requisite showing for relief under the statute and (2) erred by noting it would not resentence Moberly even if it had found he had met his burden under the statute. We affirm.

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