The Court of Appeal conditionally affirms the order denying appellant’s PC 1172.6 resentencing petition. The court finds that appellant’s sworn statements in the plea form and at the plea hearing establish that he could presently be convicted of homicide and attempted homicide, thereby rendering him ineligible for relief under PC 1172.6. However, in light of People v. Patton (2025) 17 Cal.5th 549, the court remanded the matter to allow appellant, within 30 days of the remand, to supplement the petition with additional facts that “alert the prosecution and the court to what issues an evidentiary hearing would entail.”

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/D084008.PDF