Plea Cases

Name: People v. Tyus
Case #: E085359
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 05/21/2026

When resentencing under PC 1172.6(e), where no underlying felony was charged, the resentencing court may not simply dismiss the case but must redesignate the conviction as the underlying felony or target crime. Additionally, the prosecution’s burden at the evidentiary hearing is to prove the defendant’s guilt; it is not the defendant’s burden to establish an alternate murder theory. Therefore, on the People's appeal, the reviewing court must ask whether the evidence compels a finding in favor of the People as a matter of law.  Neither a plea to manslaughter, the lack of a charged underlying felony, nor the theory under…

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Name: People v. Dixon
Case #: F087625
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 01/26/2026

A grand jury transcript is not admissible during a PC 1172.6 evidentiary hearing. This holding continues a split in the courts of appeal. (See People v. Robinson (2024) 106 Cal.App.5th 854, review granted Feb. 26, 2025, S288606.) The trial court further erred by admitting police reports over a hearsay objection, as the defendant’s stipulation to the reports as a factual basis for his plea did not constitute a stipulation to their use in a PC 1172.6 hearing. A remand for a new evidentiary hearing, rather than vacating the murder conviction, is the appropriate remedy.

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Name: People v. Miller
Case #: A170047
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 06/27/2025

The Court of Appeal holds that appellant is ineligible for relief under PC 1172.6(a)(1) which requires a prima facie showing that “the charging document filed against [a defendant] must have allowed the prosecution to proceed under a theory of murder liability that is now invalid.” Because the amended information charging the felony murder was filed in 2020, a year after the felony murder rule was amended by SB 1437, the charging document did not allow the prosecution to proceed under the now abolished theory of felony murder that imputed malice “based solely on” appellant’s “participation in” the kidnapping.

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Name: People v. Glass
Case #: D084008
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/22/2025

The Court of Appeal conditionally affirms the order denying appellant's PC 1172.6 resentencing petition. The court finds that appellant's sworn statements in the plea form and at the plea hearing establish that he could presently be convicted of homicide and attempted homicide, thereby rendering him ineligible for relief under PC 1172.6. However, in light of People v. Patton (2025) 17 Cal.5th 549, the court remanded the matter to allow appellant, within 30 days of the remand, to supplement the petition with additional facts that "alert the prosecution and the court to what issues an evidentiary hearing would entail."

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Name: People v. Hill – Depublished
Case #: A168750
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 02/28/2025
Subsequent History: Depublished

No error in denial of 1172.6 relief for two attempted murder convictions where the record established the convictions were obtained under a still-valid theory of direct aiding and abetting. Attempted murder as a direct aider and abettor remains a viable theory of liability, while attempted murder as an aider and abettor under a natural and probable consequences theory does not. Here, the jury’s verdict for aiding and abetting attempted murder required a finding of express malice, and the defendant was ineligible for relief as a matter of law on that count. On the other count, defendant was originally found guilty…

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Name: People v. Muhammad (2024) 107 Cal.App.5th 268
Case #: B334294
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 12/09/2024
Subsequent History: Review granted 2/19/25 (S288860/B334294)

PC 1172.6 prima facie denial affirmed for defendant who pleaded no contest to attempted murder and admitted GBI and weapon use allegations. “Uncontroverted” record of conviction showed the prosecution's “theory of the crime” at the time of the plea was that defendant was acting as the direct and sole perpetrator. The preliminary transcript was properly considered as evidence of the prosecution theory without the necessity of finding true any particular fact in…

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Name: People v. Villagrana – Depublished
Case #: B331439
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 10/30/2024
Subsequent History: Depublished.

The trial court did not err in denying PC 1172.6 petition for resentencing after evidentiary hearing. The victim died after being shot six times in a “drive-by,” gang motivated shooting. A rational factfinder could have found appellant guilty as either the actual shooter or direct aider and abettor to murder. Appellant’s no contest plea to voluntary manslaughter and admission of gang and personal use of firearm allegations showed his connection to, and causation of the murder. Affirmed. [Editor's Note: The dissent noted the AG’s concession that insufficient evidence supported a murder conviction under People v. Jones (2003) 30 Cal.4th 1084,…

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Name: People v. Ocobachi
Case #: B330062
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 10/23/2024

Grand jury transcripts are inadmissible at PC 1172.6 evidentiary hearing and the remaining evidence presented was insufficient to support the order denying defendant’s petition. Relying in part on grand jury transcripts, the trial court found after an evidentiary hearing that the prosecution proved the defendant was guilty of aiding and abetting implied malice murder, finding it sufficient that the defendant knew he was aiding in a violent attack. The 2DCA reversed. The grand jury transcript was statutorily inadmissible. Without it, the court was left with the factual basis for the defendant’s…

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Name: People v. Alazar (2024) 105 Cal.App.5th 1100, review granted
Case #: B331710
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 10/21/2024
Subsequent History: Review granted 12/31/2024 (S287917)

A defendant who enters a West plea, admitting the preliminary hearing transcript contains a factual basis for the plea, is not barred as a matter of law from resentencing pursuant to Penal Code section 1172.6. Under People v. West (1970) 3 Cal.3d 595, a defendant may take advantage of a plea bargain while maintaining his or her claim of innocence. Here, the defendant stipulated that the preliminary hearing transcript contained a factual basis for the plea without admitting the truth of any alleged facts in that transcript. The trial court impermissibly engaged…

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Name: People v. Williams (2024) 103 Cal.App.5th 375
Case #: F085868
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 06/28/2024

The Court of Appeal holds that the record of conviction does not establish defendant’s ineligibility at the PC 1172.6 prima facie stage. The information did not establish defendant committed every element of attempted murder. His generic plea did not establish that he was convicted under any particular theory and at the time of his plea, imputed malice was a valid theory of attempted murder. The trial court engaged in premature judicial factfinding based on the preliminary hearing transcript and change of plea colloquy. Neither transcript conclusively established the theory of guilt and defendant made no admissions to establish he was…

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