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Name: People v. Muhammad (2024) 107 Cal.App.5th 268
Case #: B334294
Division: 3
Opinion Date: 20241209
Subsequent History: Review granted 2/19/25 (S288860/B334294)
Summary

PC 1172.6 prima facie denial affirmed for defendant who pleaded no contest to attempted murder and admitted GBI and weapon use allegations. “Uncontroverted” record of conviction showed the prosecution’s “theory of the crime” at the time of the plea was that defendant was acting as the direct and sole perpetrator. The preliminary transcript was properly considered as evidence of the prosecution theory without the necessity of finding true any particular fact in transcript.