The trial court denied appellant’s Penal Code section 1172.6 motion at an evidentiary hearing after finding that section 1172.6’s proscription against the use of hearsay (§ 1172.6, subd. (d)(3)) previously admitted at the preliminary hearing did not apply because appellant had stipulated that the preliminary hearing transcript supported the factual basis for his plea. The Court of Appeal agreed with appellant that the trial court erred in considering the hearsay without evaluating whether it was otherwise admissible. The Court remanded for further proceedings.