People v. Lemmon CA3

Filed 5/23/22 P. v. Lemmon 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Shasta) ----

THE PEOPLE, C090231

Plaintiff and Respondent, (Super. Ct. No. 11F7820)

v.

KEVIN FRANK LEMMON,

Defendant and Appellant.

Defendant Kevin Frank Lemmon appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1170.95.1 Defendant contends the trial court incorrectly weighed the facts using the wrong legal standard when it denied his petition at the prima facie stage and asserts his eligibility for resentencing was not

Undesignated statutory references are to the Penal Code.

1 precluded by the jury’s robbery-murder and burglary-murder special circumstance findings from his trial.…