What are the findings of the Court of Appeal on a motion to amend the sentence of a defendant convicted of assault with intent to cause grievous bodily harm?

California, United States of America

The following excerpt is from People v. Halperin, B296457 (Cal. App. 2020):

On August 18, 2016, this court issued a nonpublished opinion affirming the order denying the original recall petition, concluding that the trial court properly considered the entire record of conviction, including the trial evidence, in making its eligibility determination; that substantial evidence supported the trial court's finding that defendant intended to cause great bodily injury; and that the trial court properly applied the preponderance of evidence standard in making its finding.⁸ (People v. Halperin (Aug. 18, 2016, B267317) [nonpub. opn.].)

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D. Renewed Petition for Recall of Sentence

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