P. v. Davis CA4/2
In 1985, a jury convicted Cydrick Davis of first degree murder and robbery. In 2019, he filed a petition for resentencing under Penal Code section 1170.95, which the trial judge denied.
On appeal, Davis argues the judge erred by conducting inappropriate factfinding, failing to give proper deference to the factual allegations in his petition, and finally denying the petition for failing to show a prima facie case. The People correctly concede this was error. We therefore reverse and remand for the trial judge to hold an evidentiary hearing on his petition.
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