People v. Pierce CA3

Filed 2/1/22 P. v. Pierce 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C093003

Plaintiff and Respondent, (Super. Ct. No. 06F04599 )

v.

JAYSHAWN VISA PIERCE,

Defendant and Appellant.

Defendant Jayshawn Visa Pierce appeals from a postjudgment order denying his petition for resentencing under Penal Code section 1170.95. 1 Defendant argues the trial court erred by declining to issue an order to show cause because the court looked beyond his declaration to the record of conviction in determining that he did not meet the prima facie requirements of section 1170.95. In a related argument, defendant contends the trial

1 Undesignated statutory references are to the Penal Code.

1 court…