People v. Clark CA3

Filed 5/19/22 P. v. Clark 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C091978

Plaintiff and Respondent, (Super. Ct. No. 00F06600)

v.

KEVIN CLARK,

Defendant and Appellant.

Defendant Kevin Clark appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1170.951 as to his conviction for first degree murder. In a multi-faceted argument encompassed by a single heading, defendant contends the trial court erred in (1) finding him ineligible for relief as a matter of law, as he made a prima facie showing of eligibility; (2) engaging in improper factfinding; and

Undesignated statutory references are to the Penal Code.

1 (3) not giving him…