People v. Hardin CA2/7

background purposes only. (See People v. Lee (2023) 95 Cal.App.5th 1164, 1183 [“By logical extension, the factual summary also may not be used to determine a petitioner’s eligibility at the prima facie stage” under § 1172.6]; People v. Flores (2022) 76 Cal.App.5th 974, 988 [“the factual summary in an appellate opinion is not evidence that may be considered at an evidentiary hearing to determine a petitioner’s eligibility for resentencing” under § 1172.6].) In considering this appeal, we do

2 complex. He also lived in the apartment complex two doors down from the victim. [Hardin] and Ms. Barber were friendly and on occasion socialized in Ms. Barber’s apartment. [¶] The last time Ms. Barber was heard from was Tuesday night, April 4, 1989.” On Wednesday, April 5, 1989, Hardin “had possession of several items of Ms. Barber’s personal property. At 8:00 a.m. he tried to exchange one of her necklaces for rock cocaine. The drug dealer, Richardson, who testified at trial, stated he dealt only in cash and refused the necklace as payment. Instead he gave [Hardin] cocaine in exchange for a ride to pick up a supply of drugs. At the time [Hardin] was driving Ms. Barber’s car which bore the…