People v. Scarano CA2/5

I. INTRODUCTION

Christopher Francis Scarano (defendant) appeals from an order summarily denying his petition for resentencing under Penal Code section 1172.6.1 The trial court relied on the transcript of the preliminary hearing, finding that defendant failed to make a prima facie showing that he was eligible for relief. We reverse.

II. BACKGROUND

A. Underlying Criminal Conviction

On December 1, 2009, the Los Angeles County District Attorney (District Attorney) filed an information charging defendant with the murder of Erika Scarano (§ 187, subd. (a)) and alleging that in the commission of that offense, defendant “personally used a deadly and dangerous weapon, to wit, [a] knife” (§ 12022, subd. (b)(1)). On November 4, 2010, defendant pleaded no contest to voluntary manslaughter (§ 192, subd. (a)) and admitted to personally using a knife in connection with that crime (§ 12022, subd. (b)(1)). Defense counsel stipulated that a factual basis

All statutory references are to the Penal Code. The Legislature renumbered section 1170.95 as section 1172.6 effective June 30, 2022. (Stats. 2022, ch. 58, § 10.) For clarity, we will refer to section 1172.6 throughout this…