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Prima Facie Claim for Resentencing Established in 1170.95 Case

People v. Flores Docket: F080584 (Fifth Appellate District), Opinion Date: March 29, 2022. The Court of Appeal agreed with petitioner that he established a prima facie claim for resentencing relief pursuant to Penal Code section 1170.95. Therefore, the trial court erred in denying the petition without issuing an order to show cause or holding an evidentiary hearing. In this case, neither the charge nor the plea excludes petitioner from resentencing eligibility as a matter of law. Accordingly, the court remanded to the trial court to issue an order to show cause and to conduct further proceedings as required under section 1170.95, subdivision (d). #sb1437 #sb775 #osc #resentencing

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