Procedures

In an appeal from the denial of the appellant’s Penal Code section 1172.6 petition at the prima facie stage, the Court of Appeal agreed with the parties that the trial court improperly made factual findings after looking at the appellant’s testimony at his co-defendant’s trial, which was beyond the record of the appellant’s conviction. The court reversed the denial of the appellant’s petition and remanded the matter with instructions to issue an order to show cause and hold a hearing to determine whether to vacate the appellant’s murder conviction, recall his sentence, and resentence him.