P. v. Cornejo CA3
Defendant Jesse Cornejo appeals from the trial court’s order denying his petition for resentencing pursuant to Penal Code section 1170.95 and Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Senate Bill 1437). Defendant argues the trial court incorrectly concluded he was ineligible for relief under former section 1170.95. In supplemental briefing, defendant expands upon this argument, contending that the passage of Senate Bill No. 775 (2021-2022 Reg. Sess.) (Senate Bill 775) requires reversal and remand for a hearing on whether he has made a prima facie case under amended section 1170.95, subdivision (c). We agree with the trial court that defendant was ineligible for relief as a matter of law. Under these circumstances, we conclude the failure to hold a hearing prior to denying defendant’s petition, as now required by the passage of Senate Bill 775, is harmless as a matter of law. Accordingly, we affirm the trial court’s order.
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