Jul. 24, 2023 – People v. Pickett (2nd Dist., Div. 1, B320892)

The Court of Appeal affirms the prima facie denial of defendant’s PC 1172.6 petition, where defendant was convicted by plea and the trial court relied on the preliminary hearing transcript in finding that defendant was the sole and actual killer. The court explains, “[W]here … the People introduce without objection uncontroverted evidence from the preliminary hearing transcript showing that the defendant acted alone in killing the victim, and the defendant does not put forth, by way of briefing or oral argument, any factual or legal theory in support of his petition, the defendant has failed to make a prima facie showing for relief.”

Note: A similar issue is the pending in the California Supreme Court in People v. Patton (S279670).