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Name: People v. Rodriguez
Case #: B328179
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/01/2024

The Court of Appeal holds that defendant’s guilty plea to attempted murder waives any right to raise questions regarding the evidence and obviates the need for the prosecution come forward with evidence at his PC 1172.6 evidentiary hearing. Defendant cannot use a PC 1172.6 resentencing hearing to relitigate facts already determined either by plea, admission, or verdict. In light of defendant’s admission by plea of an intent to kill, the sole issue at the evidentiary hearing was whether he acted alone. The court could not make factual findings regarding his conduct or credibility determinations regarding his intent.

The full opinion is available on the court’s website here: