Mar. 9, 2023 – People v. Arreguin (2nd Dist., Div. 6, B304838)

The Court of Appeal reverses the trial court’s prima facie denial of appellant’s PC 1172.6 petition. Applying People v. Strong (2022) 13 Cal.5th 698, the court finds that the felony murder special circumstance finding made at defendant’s trial prior to People v. Banks (2015) 61 Cal.4th 788 and People v. Clark (2016) 63 Cal.4th 522 does not preclude a prima facie showing under PC 1172.6. The concurring opinion laments the need to remand for further proceedings and urges the California Supreme Court to grant review to “declare that a harmless error analysis has application in [this] context.”