In a published opinion, the Court of Appeal held that a grand jury transcript is not admissible during a Penal Code section 1172.6 evidentiary hearing. The trial court further erred by admitting police reports over a hearsay objection, as appellant’s stipulation to the reports as a factual basis for his plea did not constitute a stipulation to their use in a section 1172.6 hearing. The Court of Appeal remand the matter for a new evidentiary hearing.
Panel Victories
