The trial court erred when it denied the defendant’s PC 1172.6 petition for resentencing without reviewing the record of conviction. The trial court summarily denied the defendant’s 1172.6 petition based upon the prosecutor’s statements that the jury instructions showed the defendant was convicted under a direct aiding and abetting theory. The prosecution did not submit briefing, and the record does not indicate the trial court reviewed any part of the record of conviction. The court of appeal remanded the matter for the trial court to conduct the inquiry mandated by PC 1172.6, subd. (c). [Editor’s Note: The court rejected the state’s harmless error argument because it would require the court of appeal to determine the defendant’s eligibility for relief in the first instance, which it declined to do.]

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/D084179.PDF