Jul. 26, 2022 – People v. Saibu (4th Dist., Div. 1, D078391)

In a People’s appeal from the granting of a PC 1170.95/1172.6 petition following a (d)(3) hearing, the Court of Appeal holds the order is appealable and affirms the trial court’s finding that the People failed to establish that defendant acted with reckless indifference under PC 189(e)(3). As to defendant’s attempted murder conviction based on the same robbery (which the trial court did not rule on), the Court of Appeal declines to extend the trial court’s finding on the murder count and instead remands with instructions to hold a further (d)(3) hearing on the attempted murder count.