Substantial evidence supported the trial court’s denial of a PC 1172.6 petition on the basis the defendant was the actual killer. The trial court, not the Court of Appeal, weighs credibility issues and resolves evidentiary conflicts. Here, after an evidentiary hearing, the trial court was permitted to believe the testimony of a witness when she stated defendant ran up to the victim while holding a gun, grabbed the victim, and “almost instantaneous[ly]” the victim was shot and killed. This was sufficient circumstantial evidence – even though she was running away when the shots were fired, there were inconsistencies in her statements, and questions about her credibility – to support the trial court’s finding that defendant was the actual killer.
Case Summaries