Error and/or relief
The defendant appealed from the denial of his second petition for resentencing pursuant to Penal Code section 1172.6. The appellate court concluded that his petition is not barred by the doctrine of collateral estoppel and corresponding public policy considerations. He had never received notice of earlier denial. He is not barred from submitting a new petition.
First Holding:
Successive petitions for resentencing are not explicitly barred by section 1172.6 but may be barred by doctrine of collaterial estoppel. Application of collateral estoppel is not automatic, but is subject to public policy considerations.
Authority:
People v. Farfan (2021) 71 Cal.App.5th 942, 950
Second Holding:
The court does not apply collateral estoppel with the hypertechnical and archaic approach of a 19th century pleading book, but with realism and rationality.
Authority:
People v. Yokely (2010) 183 Cal.App.4th 1264, 1273
Third Holding:
Because of the retroactive nature and ever-evolving interpretations of the law surrounding section 1172.6, defendants may avail themselves of potential eligibility for relief under the statute that was not previously available under other judicial interpretations.
Authority:
People v. Farfan (2021) 71 Cal.App.5th 942, 951
People v. Lovejoy (2024) 101 Cal.App.5th 860