What is the test for establishing that a criminal conviction is sufficient to constitute a facially sufficient petition?

California, United States of America


The following excerpt is from People v. Hollars, C090021 (Cal. App. 2021):

Section 1170.95, subdivision (c) requires only a single prima facie showing and entitles the petitioner to the appointment of counsel upon the filing of a facially sufficient petition. (People v. Lewis (2021) 11 Cal.5th 952, 962 (Lewis).)[7] Once the court has appointed counsel and received briefing from the parties, it may rely on the record of conviction in determining whether that single prima facie showing has been made. (Id. at p. 970.) The record of conviction includes a prior appellate court opinion, although such an opinion may not supply all necessary answers. (Id. at p. 972.)

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