People v. Hurley CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND2

On August 1, 2015, an officer responded to a call regarding possible gunshots.

The officer contacted the homeowner, defendant’s mother; she indicated defendant had

1 All further statutory references are to the Penal Code unless otherwise indicated. Effective June 30, 2022, Assembly Bill No. 200 (2021-2022 Reg. Sess.) amended and renumbered section 1170.95 as section 1172.6. (Stats. 2022, ch. 58, § 10.) On the court’s own motion, we take judicial notice of the prior record and our opinion in defendant’s appeal from the court’s initial denial of his petition at the prima facie stage. (People v. Hurley (June 22, 2023, E079223) [nonpub. opn.] (Hurley); Evid. Code, § 459.)

2 To contextualize the issue raised in this case, we recount the facts as recited in Hurley, which we derived from the preliminary hearing transcript. Defendant stipulated the preliminary hearing transcript would provide the factual basis for his plea. The preliminary hearing consisted of the testimony of two officers as to what defendant’s mother and the victim told them. (Hurley, supra, E079223.) At the evidentiary hearing below, the People used the preliminary hearing…