P. v. Allen CA3
Defendant Andre Marcus Allen appeals from a postjudgment order denying his petition for resentencing under Penal Code section 1170.95. Defendant argues the trial court erred by improperly engaging in factfinding and not issuing an order to show cause and holding an evidentiary hearing. In a related argument, defendant contends that changes to the law on robbery-murder special circumstances require the prosecution to prove at an evidentiary hearing that a petitioner had the intent to kill or was a major participant who acted with reckless disregard for life, and defendant was not required to first challenge the sufficiency of the evidence in a habeas corpus proceeding before seeking relief under section 1170.95.
Because defendant’s arguments are related, we address them together and will affirm.
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