May 18, 2022 – People v. Owens (2nd Dist., Div. 6, B310427)

In an appeal from the denial of a PC 1170.95 petition following a (d)(3) hearing, the Court of Appeal concludes substantial evidence supports the trial court’s finding that appellant acted with reckless indifference. The court also suggests that SB 775’s amendment providing that the Evidence Code shall apply at a (d)(3) hearing is not retroactive because it is a “procedural change.” But, as the concurring opinion observes, this portion of the majority opinion is dicta, and “it is unresolved whether the evidentiary provisions of SB 775 apply in an appeal from a completed resentencing hearing.”