How Does an SB 1437 Hearing Proceed? What Happens?

After one files a Petition for Resentencing under Penal Code § 1170.95, what exactly happens? Does the judge simply rule on it? Is there a requirement that the judge determine petitioner has made a prima facie showing that he or she is entitled to relief? Is the prosecution expected to file an opposition within a certain amount of time or a certain number of days before the hearing? What is the standard of proof that the prosecution must meet? To read about this resentencing request procedure, please click on the following link –

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