The Court of Appeal held that the trial court’s application of the People v Banks (2015) 61 Cal.4th 788 and People v. Clark (2016) 63 Cal.4th 533 factors to what it considered “undisputed or clearly established . . . facts of this case” involved the prohibited weighing of evidence and the exercise of discretion at the prima facie stage. The court further held that the trial court had no valid basis for finding appellant was ineligible for relief as a matter of law because the special-circumstance finding was made before Banks and Clark. Thus, the court reversed the order summarily denying appellant’s 1170.95 petition for resentencing.
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