Apr. 12, 2022 – People v. Cooper (1st Dist., Div. 1, A161632)

Appellant was acquitted at trial of felon in possession of a firearm, but after a PC 1170.95(d)(3) hearing at which the parties submitted no new or additional evidence, the trial court denied relief based in part on its belief that petitioner possessed or fired a gun during the incident. The Court of Appeal reverses and remands for a new hearing, holding that “a trial court cannot deny relief in a [PC 1170.95] proceeding based on findings that are inconsistent with a previous acquittal when no evidence other than that introduced at trial is presented.”