The Court of Appeal agreed with the parties that the trial court erred in finding that because Senate Bill No. 1437 was in effect at the time of appellant’s plea in 2020 to attempted murder, he was precluded from relief under Penal Code section 1172.6 (formerly section 1170.95). However, section 1172.6 did not expressly apply to attempted murder when appellant entered his plea. The Court further held that it could not rely on the testimony at the preliminary hearing to find harmless error. That testimony was not before the trial court in this case; appellant therefore did not have the opportunity to object to the testimony before the trial court, and the court did not address it in denying his petition. Additionally, absent the defendant’s stipulation or admission to facts adduced at a preliminary hearing, a court may not rely on a preliminary hearing transcript to deny a petition at the prima facie stage. The trial court’s order denying appellant’s petition for resentencing was reversed, and the case remanded to the trial court with directions to issue an order to show cause and to hold an evidentiary hearing on his petition.