P. v. Telea CA1/1
Defendant Sikai Fano Telea appeals from a postjudgment order denying his petition for resentencing under Penal Code section 1170.95. The trial court found defendant ineligible for relief because it concluded he was a major participant who acted with reckless indifference to human life. The court also concluded defendant’s attempted murder convictions were ineligible for resentencing under section 1170.95.
On appeal, defendant contends he is entitled to resentencing because the trial court failed to require the prosecution to carry its burden of proof, prevented defendant from presenting additional evidence, and improperly relied on its recollection of the evidence. He further asserts he was deprived of due process due to judicial bias. We conclude the trial court erred in refusing to allow defendant to present evidence, and remand for the court to conduct a new evidentiary hearing under section 1170.95, subdivision (d).
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