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Name: People v. Reyes (2023) 97 Cal.App.5th 292
Case #: F085582
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 11/16/2023

A defendant who entered a plea to murder after Senate Bill No. 1437 became effective is not entitled to resentencing under Penal Code section 1172.6. In 2021, Reyes pleaded no contest to second degree murder. The parties stipulated that a factual basis for the plea existed from the police reports. About 15 months into his prison term, Reyes petitioned for resentencing in the trial court, stating he could not now be convicted of murder based on SB 1437's changes to the law in 2019. After briefing on the issue, the petition was denied because Reyes’s conviction occurred after the effective…

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Name: People v. Saavedra (2023) 96 Cal.App.5th 444
Case #: G061556
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 09/20/2023
Subsequent History: Published 10/16/23

Penal Code section 1172.6 petition properly denied at prima facie stage where the factual basis for defendant’s plea established that he was ineligible for resentencing as a matter of law. In May 2003, defendant entered a guilty plea to three counts of attempted deliberate premeditated murder and a gun use enhancement (§ 12022.53, subd. (c)). The factual basis for the plea included a statement that defendant “willfully, unlawfully and with malice aforethought attempted to murder [three] human beings, by personally discharging a firearm at the vehicle [they] were occupying, within the meaning of . . . Section 12022.53 [subdivision (c)]” (emphasis added).…

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Name: People v. Fisher (2023) 95 Cal.App.5th 1022
Case #: B323408
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 09/26/2023

Trial court did not engage in premature factfinding at the prima facie stage of petitioner’s Penal Code section 1172.6 proceedings when it relied on admissions made during his plea colloquy to deny relief. In 1983, Fisher pleaded guilty to first degree murder, second degree murder, and attempted murder, and admitted a personal firearm use enhancement for each count. At the plea colloquy, the prosecutor gave a factual basis addressing Fisher directly, saying “you” “shot and killed” the victims in the murder counts, and "you" “shot and injured” the victim in the attempted murder count. The prosecutor then asked: “Is that…

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