What is the test for determining whether a defendant is entitled to an evidentiary hearing on the issue of eligibility for resentencing?

⁸ In its discussion of whether a defendant is entitled to an evidentiary hearing on the issue of eligibility for resentencing, the appellate court in People v. Oehmigen (2014) 232 Cal.App.4th 1, 181 Cal.Rptr.3d 569 states eligibility is not a question of fact requiring the resolution of disputed issues; rather, [w]hat the trial court decides is a question of law : whether the facts in the record of conviction are the proper subject of consideration, and whether they establish eligibility. (Id . at p. 7, 181 Cal.Rptr.3d 569.) Whatever the validity of this statement with respect to a petitioner's right to an evidentiary hearing, we believe it overstates the legal nature of our review.

⁸ In its discussion of whether a defendant is entitled to an evidentiary hearing on the issue of eligibility for resentencing, the appellate court in People v. Oehmigen (2014) 232 Cal.App.4th 1, 181 Cal.Rptr.3d 569 states eligibility is not a question of fact requiring the resolution of disputed issues; rather, [w]hat the trial court decides is a question of law : whether the facts in the record of conviction are the proper subject of consideration, and whether they establish eligibility. (Id . at p. 7, 181 Cal.Rptr.3d 569.) Whatever the validity of this statement with respect to a petitioner's right to an evidentiary hearing, we believe it overstates the legal nature of our review.