SB 1437--Impermissible Judicial Factfinding by Relying on the Preliminary Hearing Transcript to Deny Petition at the Prima Facie Stage?

SB 1437–Impermissible Judicial Factfinding by Relying on the Preliminary Hearing Transcript to Deny Petition at the Prima Facie Stage?

Topic: Evidence

Status/Court: Pending CA Supreme Court

Case Name: People v. Patton (2023) 89 Cal.App.5th 649, review granted 6/28/2023

Case #: S279670/B320352

Last Updated: September 13, 2023

Did the trial court engage in impermissible judicial factfinding by relying on the preliminary hearing transcript to deny defendant’s Penal Code section 1172.6 petition at the prima facie stage? (See People v. Lewis (2021) 11 Cal.5th 952.)

Review on this issue has also been granted with briefing deferred in:

People v. Vaughn (F084104) [nonpub. opn.], review granted 9/13/2023 (S281320)

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