P. v. Sloan CA2/5
Defendant and appellant Melvin Frezell Sloan appeals the trial court’s order denying his petition for vacatur of his murder conviction and resentencing under Senate Bill No. 1437 (Senate Bill 1437) and Penal Code section 1170.95, following an order to show cause and hearing pursuant to section 1170.95, subdivision (d)(3).
On appeal, Sloan argued that: (1) he was entitled to mandatory resentencing under section 1170.95, subdivision (d)(2); (2) the trial court erred by denying his petition without holding a section 1170.95, subdivision (d)(3) hearing; (3) the trial court erred by employing the substantial evidence standard; (4) this court should conduct an independent review of the trial court’s ruling; and (5) there is insufficient evidence in the record to support the trial court’s ruling. The People challenged all of Sloan’s contentions.
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