P. v. Harris CA3
Defendant Andre Harris appeals the superior court’s denial of his petition for resentencing under Penal Code section 1170.95 (statutory section citations that follow are to the Penal Code unless otherwise stated). He contends the superior court erred by finding he did not make a prima facie showing that he was entitled to relief, by relying on an incorrect standard of proof, by summarily denying his petition without issuing an order to show cause or holding an evidentiary hearing, and by relying on the record of conviction to conclude defendant was ineligible for relief under section 1170.95 as a matter of law. We affirm the judgment.
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