Prima Facie Stage

In light of People v. Strong (2022) 13 Cal.5th 698, the Court of Appeal reversed the trial court’s denial of the appellant’s Penal Code section 1172.6 petition for resentencing, holding that a pre-Banks and Clark special circumstance finding did not preclude the appellant from making a prima facie case for relief. Additionally, in light of legislative changes to Penal Code former section 1170.95 (now 1172.6), the trial court could not, at the prima facie stage, rely on the facts set forth in the opinion on the appellant’s direct appeal to find he was the actual killer and therefore ineligible for relief.