Error and/or relief
Because the record of conviction does not conclusively establish the defendant is ineligible for resentencing under Penal Code section 1172.6 on his manslaughter conviction as a matter of law, the court reversed and remanded the matter for the court to issue an order to show cause and conduct an evidentiary hearing on that count.
First Holding:
A defendant who pleaded no contest to manslaughter is eligible for resentencing if the charging document permitted the prosecution to pursue a conviction under the felony-murder rule, the natural and probable consequences doctrine, or any other imputed malice theory.
Authority:
PEN 1172.6
People v. Gaillard (2024) 99 Cal.App.5th 1206, 1211
Second Holding:
Absent exceptional circumstances, appellate courts generally do not take judicial notice of evidence not presented to the trial court.
Authority:
Bullock v. City of Antioch (2022) 78 Cal.App.5th 407, 417, fn. 7