The trial court erred in narrowing the scope of the section 1172.6 evidentiary hearing by treating appellant’s guilty plea to attempted murder as issue preclusive. Declining to follow People v. Rodriguez (2024) 103 Cal.App.5th 451, the court held a guilty plea was not preclusive as to appellant’s intent to kill because a plea fails to fulfill the threshold requirement for issue preclusion that the issue was “actually litigated.” However, the appellant failed to prove prejudice and the court affirmed the denial of resentencing.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/D085679.PDF