People v. Jara CA2/4

background because our opinion is unpublished and the parties are familiar with the facts of the case and its procedural history. (People v. Garcia (2002) 97 Cal.App.4th 847, 851 [unpublished opinion merely reviewing correctness of trial court’s decision “does not merit extensive factual or legal statement”].) Undesignated statutory references are to the Penal Code. Effective June 30, 2022, former section 1170.95 was renumbered to section 1172.6 with no change in text. (Stats. 2022, ch. 58, § 10.)

2 court erred, because there was “a plausible factual dispute as to whether appellant was guilty of murder under a theory that is currently valid.” (See, e.g., People v. Lee (2023) 95 Cal.App.5th 1164, 1174 [a prima facie showing under section 1172.6 is made by showing that the petitioner was convicted of murder, attempted murder, or manslaughter under a theory no longer valid under the amended Penal Code].) The People state that Jara’s petition did not demonstrate that he was ineligible for relief as a matter of law, and therefore concede that the matter should be reversed and remanded for an evidentiary hearing. We agree. The People charged Jara and another defendant with murder…