Is an inmate entitled to a hearing to determine whether he is eligible for relief under section 1170?
California, United States of America
The following excerpt is from People v. Cunningham, B277681 (Cal. App. 2017):
To resolve these issues, courts have established some basic rules to which both sides in this case broadly agree. An inmate seeking relief under section 1170.126 is not entitled to a hearing to present evidence regarding eligibility. (People v. Bradford (2014) 227 Cal.App.4th 1322, 1337 (Bradford).) On the other hand, trial courts are not limited to the minimal facts
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