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Name: People v. Harris
Case #: C097002
Opinion Date: 10/17/2023
Attorney: Victor J. Morse

The Court of Appeal held that because defendant’s petition alleged the facts necessary for relief under Penal Code section 1172.6, and nothing in the record conclusively demonstrated that he was ineligible for relief as a matter of law, his petition made a prima facie showing of entitlement to relief under section 1172.6. As such, the Court of Appeal reversed the trial court’s denial and remanded for the trial court to issue an order to show cause