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Name: People v. Rivera
Case #: F084658
Opinion Date: 03/24/2023
Attorney: Michele A. Douglass
Summary

The Court of Appeal found the trial court failed to comply with Penal Code section 1172.6 when it denied both of appellant’s section 1172.6 petitions without granting his request for appointment of counsel, inviting further briefing, or conducting a hearing as to whether he stated a prima facie case for relief and an order to show cause should be issued. The Court of Appeal also found the trial court engaged in impermissible fact finding at the prima facie stage. The trial court’s summary denial was reversed and remanded to the trial court for further proceedings.