What is the test for an evidentiary hearing on a habeas petition?

Defendant contends the court violated his rights by failing to hold an evidentiary hearing on the habeas petition. We disagree. Where habeas relief "hinges on the resolution of factual disputes, then the court should order an evidentiary hearing." (People v. Romero (1994) 8 Cal.4th 728, 739-740; see also Cal. Rules of Court, rule 4.551(f) ["An evidentiary hearing is required if . . . the petitioner's entitlement to relief depends on the resolution of an issue of fact."].) Defendant filed a habeas petition for the sole purpose of establishing his right to be present at a resentencing hearing because he had not been present for the August 2016 resentencing hearing. Where, as here, " 'there are no disputed factual questions as to matters outside the trial record, the merits of a habeas corpus petition can be decided without an evidentiary hearing.' " (People v. Duvall (1995) 9 Cal.4th 464, 478.)