People v. Allen CA3

Good Law
Court of Appeal of CaliforniaMarch 17, 2022C093465California3,236 words

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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…

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