Error and/or relief
The defendant appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1172.6 on the ground he had failed to make a prima facie case for relief. Based on recent California Supreme Court authority, the defendant must be given an opportunity to file an amended petition with additional facts. We remand the matter to allow him to do so. Additionally, at the original sentencing hearing, the trial court stayed or struck the sentence on several of the counts to which he pled guilty, but failed to impose a sentence that could be stayed or struck. We therefore remand the matter to the court for the additional purpose of imposing sentence.
First Holding:
In a proceeding under Penal Code section 1172.6 for recall of sentence based on recent changes in homicide law, the preliminary hearing transcript may be considered in determining whether a prima facie showing has been made.
Authority:
People v. Patton (2025) 17 Cal.5th 549
Second Holding:
We review de novo a trial court’s ruling whether a defendant has made a prima facie showing with respect to a section 1172.6 petition.
Authority:
People v. Harden (2022) 81 Cal.App.5th 45, 52
People v. Patton (2025) 17 Cal.5th 549
Third Holding:
A trial court may rely on unchallenged, relief-foreclosing facts within a preliminary hearing transcript to refute conclusory, checkbox allegations, regardless of whether the defendant stipulated to the transcript as the factual basis of a plea.
Authority:
People v. Patton (2025) 17 Cal.5th 549, at pp. 564, 569, fn. 12
Fourth Holding:
Upon conviction it is the duty of the court to pass sentence on the defendant and impose the punishment prescribed. Pursuant to this duty the court must either sentence the defendant or grant probation in a lawful manner; it has no other discretion. A sentence must be imposed on each count, otherwise if the nonstayed sentence is vacated, either on appeal or in a collateral attack on the judgment, no valid sentence will remain. Where the trial court fails to pronounce sentence on all counts, the appellate court may remand the matter to correct the unauthorized sentence on the defendant’s appeal, even if the People did not appeal.
Authority:
People v. Alford (2010) 180 Cal.App.4th 1463, 1468–1469
People v. Irvin (1991) 230 Cal.App.3d 180, 192