People v. Clark CA2/6

DISCUSSION

Section 745 requires a defendant to make a prima facie showing of a violation of the Act. Pursuant to section 745, subdivision (h)(2), a “prima facie showing” means “the defendant

3 produces facts that, if true, establish that there is a substantial likelihood that a violation of [the Act] occurred.” A “substantial likelihood” requires more than a mere possibility but less than a standard of more likely than not. (Ibid.) Clark failed to support his allegations with evidence showing a substantial likelihood that a violation of the Act occurred.

DISPOSITION

The order denying the recall and resentencing petition is affirmed.

NOT TO BE PUBLISHED.

GILBERT, P. J.

We concur:

YEGAN, J.

CODY, J.

4 Catherine M. Voelker, Judge

Superior Court County of Ventura

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Diane E. Berley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.