Gallardo

INTRODUCTION

Juan Luis Gallardo appeals the trial court’s order denying his petition to vacate his conviction for attempted murder and be resentenced pursuant to

Penal Code section 1172.6. 1 He contends the trial court failed to conduct its

Further unspecified statutory references are to the Penal Code. own assessment of whether he is eligible for relief under section 1172.6 because the record does not indicate the court reviewed the record of conviction in rendering its decision. The Attorney General urges us to conclude that any procedural error in the trial court’s review of Gallardo’s claim for relief is harmless because the jury instructions and verdict forms from Gallardo’s trial—records the trial court did not review—demonstrate he is precluded from relief as a matter of law. On the record before us, we conclude the trial court failed to adequately conduct the inquiry mandated by section 1172.6, subdivision (c). The goal of the vacatur and resentencing procedure in section 1172.6 is to ensure a person’s sentence is commensurate with their criminal culpability; this goal may not be accomplished without the trial court’s review of the record of conviction to…