Jun. 21, 2022 – People v. Basler (4th Dist., Div. 1, D079033)

The Court of Appeal reverses the denial of defendant’s PC 1170.95 petition where defendant was not personally present at the evidentiary hearing and had not waived his presence, and where the trial court did not consider defendant’s eligibility for resentencing on his attempted murder conviction. The court also holds that, at an evidentiary hearing, the trial court acts as an independent factfinder and is not restricted to the jury’s findings from the original trial.