People v. Loquellano CA2/8

DISCUSSION

Loquellano argues the court erred in denying his petition at the prima facie stage because the record of conviction did not establish as a matter of law that he was ineligible for resentencing. He maintains the record of conviction does not include facts refuting the allegations in his petition because his generic plea did not specify any theory of liability or any particular fact, i.e., that he was the actual shooter. Neither does the record of conviction adjudicate the identity of the actual perpetrator or preclude the prosecution from pursuing another theory of the case, including accomplice liability based on the natural and probable consequences doctrine. He also argues the court engaged in impermissible factfinding by relying on facts taken from the preliminary hearing transcript. Finally, he contends that the firearm use allegation does not prove he personally discharged a firearm or was the direct perpetrator. He contends we should reverse the trial court and remand the petition for an evidentiary hearing under the provisions of section 1172.6, subdivision (d). He is correct.

I. Relevant Law and the Standard of Review

Effective 2019, Senate Bill No.…