P. v. Hernandez CA2/3
Petitioner Leobardo Hernandez appeals from the denial of his resentencing petition under Penal Code section 1170.95. Hernandez contends, and the People agree, that he made a prima facie showing of eligibility for relief and, as a result, the court should have issued an order to show cause and held an evidentiary hearing. We agree with the parties and, therefore, reverse the order denying Hernandez’s resentencing petition and remand the matter for further proceedings under section 1170.95.
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