P. v. Lemmon CA3
Defendant Kevin Frank Lemmon appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1170.95. Defendant contends the trial court incorrectly weighed the facts using the wrong legal standard when it denied his petition at the prima facie stage and asserts his eligibility for resentencing was not precluded by the jury’s robbery-murder and burglary-murder special circumstance findings from his trial. We will affirm the trial court’s order.
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