Prima Facie Stage

The Court of Appeal agreed with the parties that the trial court erred in denying appellant’s Penal Code section 1172.6 petition at the prima facie stage after making factual findings from the reporter’s transcript of the trial record and the factual statement from the opinion in the direct appeal. The error was prejudicial because the jury instructions and the prosecutor’s closing argument show the jury was advised it could convict appellant as an aider and abettor who committed an assault under the natural and probable consequences doctrine. The Court of Appeal remanded the matter for issuance of an order to show cause and an evidentiary hearing.