Apr. 15, 2022 – People v. Coley (1st Dist., Div. 5, A159927)

SB 775 amended PC 1170.95(c) to specify that, upon the filing of a facially valid petition and the appointment of counsel, the trial court must “hold a hearing to determine whether the petitioner has made a prima facie case for relief.” The Court of Appeal assumes that this amendment applies retroactively to appellant’s case but finds that the trial court’s failure to hold the required hearing was harmless. The court reasons that by finding appellant guilty of attempted murder, the jury necessarily found he personally harbored express malice when he aided and abetted the second-degree murder.