Robinson

Background in the majority opinion, which as modified above now reads “We agree with amicus curiae’s second and third arguments and will affirm,” add as footnote No. 2 the following footnote, which will require renumbering of all subsequent footnotes in the majority opinion:

Robinson’s petition for rehearing highlights the Second Appellate District, Division Two’s decision in People v. Ocobachi (2024) 105 Cal.App.5th 1174, which was issued after oral argument, but before the publication of the opinion in this matter. This opinion found the trial court erred in relying upon grand jury testimony to establish the defendant was ineligible for relief under section 1172.6, concluding such evidence was inadmissible. (Ocobachi, at pp. 1177, 1181-1182.) Having reviewed Ocobachi, we are unpersuaded, and for the reasons stated herein, conclude the trial court did not error in considering grand jury testimony at Robinson’s section 1172.6, subdivision (d) merits hearing.

There is no change in the judgment.

The petition for rehearing is denied.

BY THE COURT:

/s/

EARL, P. J.

/s/

HULL, J.

I concur in the denial of the petition for rehearing.

/s/

FEINBERG, J.

2 Filed 11/18/24…