People v. Allen CA3
Opinion
Opinion
Filed 3/17/22 P. v. Allen 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C093465
Plaintiff and Respondent, (Super. Ct. No. 05F03498)
v.
ANDRE MARCUS ALLEN,
Defendant and Appellant.
Defendant Andre Marcus Allen appeals from a postjudgment order denying his petition for resentencing under Penal Code section 1170.95.1 Defendant argues the trial court erred by improperly engaging in factfinding and not issuing an order to show cause and holding an evidentiary hearing. In a related argument, defendant contends that changes to the law on robbery-murder special circumstances require the prosecution to
Undesignated statutory references are to the Penal Code.
1 prove at an…