Error and/or relief
We reverse the court’s denial of the resentencing petition, which was not based on a review of the record, and remand for further proceedings under section 1172.6(c).
First Holding:
The trial court may deny a section 1172.6 petition at the prima facie stage only if the petition and record in the case establish conclusively that the defendant is ineligible for relief as a matter of law. If a petitioner files a facially sufficient section 1172.6 petition by indicating, among other criteria, that he meets the statutory requirements for relief,it triggers the prosecution’s duty to submit a response and the petitioner’s right to file a reply on the issue of whether a prima facie case for relief exists.
Authority:
People v. Hickman (2025) 110 Cal.App.5th 1262
People v. Strong (2022) 13 Cal.5th 698, 707
People v. Rodriguez (2024) 103 Cal.App.5th 451, 456
People v. Patton (2025) 17 Cal.5th 549, 558–559
Second Holding:
The record of conviction includes documents from jury trial such as jury instructions and verdict forms.
Authority:
People v. Gallardo (2024) 105 Cal.App.5th 296
Third Holding:
We review an order denying a petition at the prima facie stage de novo.
Authority:
People v. Hickman (2025) 110 Cal.App.5th 1262
Fourth Holding:
The right to seek replacement of counsel under Marsden applies at all stages of a criminal proceeding.
Authority:
People v. Armijo (2017) 10 Cal.App.5th 1171, 1179
People v. Marsden (1970) 2 Cal.3d 118
People v. Carter (2024) 15 Cal.5th 1092, 1096 [Marsden motion sought disqualification of the public defender’s office and individual deputy public defender]
Fifth Holding:
The record of conviction will inform the court’s prima facie inquiry, allowing the court to distinguish clearly meritless claims.
Authority:
People v. Lewis (2021) 11 Cal.5th 952, 971