Prop 115 hearsay evidence in a preliminary hearing transcript may be considered at the PC 1172.6 prima facie stage even if it would be inadmissible at a later evidentiary hearing. (Accord People v. Rodriguez (2026) 117 Cal.App.5th 1179.) Here the petition was properly denied where such hearsay supplied unrebutted relief-foreclosing facts. However, the matter was remanded to permit appellant an opportunity to amend the petition to allege such facts, given the “unique” procedural posture of the case.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/F089754.PDF