In a PC 1170.95 case where appellant was convicted by plea and submitted a form petition for resentencing, the Court of Appeal overrules the trial court’s finding that appellant failed to make a prima facie showing because he did “nothing more than ‘print out and fill out a form.'” The court also rejects the People’s argument that appellant’s preliminary hearing transcript and the opinion from a co-defendant’s appeal conclusively established that appellant was the actual killer. The court remands with instructions to issue an OSC.
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