The Court of Appeal reversed the prima facie denial of appellant’s Penal Code section 1172.6 petition. The factual basis for the plea, which the trial court relied on to deny the petition, was not stipulated to by appellant. Without appellant’s admission to having personally stabbed the victim with the intent to kill, it was unclear whether that was the actual basis for appellant’s plea, or whether appellant pled guilty because he believed the jury would have convicted him of attempted murder on a natural and probable consequences theory even if he was not the person who stabbed the victim.
Name: People v. Das
Case #: C096982
Opinion Date: 10/25/2023
Attorney: Elisa Brandes
Summary