In this appeal from the denial of a Penal Code section 1172.6 petition at the prima facie stage, the Court of Appeal agreed with appellant that the denial was improper. The trial court relied on hearsay evidence from the preliminary hearing to deny the petition, which was improper. When the officers’ hearsay statements were excluded, the preliminary hearing failed to demonstrate that appellant was ineligible for relief as a matter of law.
Panel Victories
