People v. Lam CA3

Filed 1/25/22 P. v. Lam CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C093413

Plaintiff and Respondent, (Super. Ct. No. 04F00144)

v.

CHAN VENH LAM,

Defendant and Appellant.

Defendant Chan Venh (John) Lam appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1170.95. 1 Defendant contends the trial court erred in finding he did not make a prima facie case for relief after it conducted a flawed factual inquiry by reviewing the record of conviction under an incorrect standard of review. He argues the trial court should have issued an order to show cause

1 Undesignated statutory references are to the Penal Code.

1 and allowed the…