The Court of Appeal held that the trial court erred in denying appellant’s Penal Code section 1172.6 petitions as procedurally barred by the doctrine of issue preclusion, as there was a relevant and significant change in the law after his prior petitions were denied. Additionally, appellant made a prima facie showing for relief and nothing in the record of conviction establishes his ineligibility. The matter was remanded with directions to the trial court to conduct an evidentiary hearing pursuant to section 1172.6, subdivision (d).
Panel Victories
