Error and/or relief
Error and/or relief:
On the defendant’s claim that it was error to deny his petition for recall of his sentence under Penal Code section 1172.6 because the trial court found that he was ineligible as matter of law in considering the preliminary hearing transcript, the cause is remanded with directions to consider an amended petition should defendant seek to file one within 30 days of the issuance of the remittitur. The trial court’s order is otherwise affirmed.
First Holding:
At the prima facie stage, a court must accept as true a petitioner’s allegation that he or she could not currently be convicted of a homicide offense because of changes to sections 188 or 189 made effective January 1, 2019, unless the allegation is refuted by the record.
Authority:
People v. Curiel (2023) 15 Cal.5th 433, 463
Second Holding:
After determining the facial validity of a resentencing petition and before ordering an evidentiary hearing, a trial court may properly, at the prima facie stage, reference the record of conviction, which includes the preliminary hearing transcript, to refute conclusory allegations in furtherance of its statutorily required screening function at that juncture of a section 1172.6 proceeding.
Authority:
People v.Lewis (2021) 11 Cal.5th 952, 971
People v. Patton (2025) 17 Cal.5th 549, 569
Third Holding:
Although the defendant has not shown error in connection with the court’s denial of his section 1172.6 petition, following the Supreme Court’s directive to the Court of Appeal in Patton, we will remand the matter to the trial court with directions to consider an amended petition should defendant seek to file one within 30 days of the issuance of the remittitur.
Authority:
People v. Patton (2025) 17 Cal.5th 549, 569 569–570
People v. Glass (2025) 110 Cal.App.5th 922, 930–931