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Name: People v. Williams
Case #: F085868
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 06/28/2024
Summary

The Court of Appeal holds that the record of conviction does not establish defendant’s ineligibility at the PC 1172.6 prima facie stage. The information did not establish defendant committed every element of attempted murder. His generic plea did not establish that he was convicted under any particular theory and at the time of his plea, imputed malice was a valid theory of attempted murder. The trial court engaged in premature judicial factfinding based on the preliminary hearing transcript and change of plea colloquy. Neither transcript conclusively established the theory of guilt and defendant made no admissions to establish he was the actual perpetrator. The dissent would find that the bare petition allegations were insufficient to overcome the record of conviction and that People v. Curiel (2023) 15 Cal.5th 433 is inapplicable in cases involving pleas and does not preclude dismissal.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/F085868.PDF