People v. Andrade CA3

BACKGROUND

At the hearing on defendant’s section 1172.6 petition, the People relied on the preliminary hearing transcript, which also served as the factual basis for defendant’s no contest plea. We summarize the background facts based on admissible testimony adduced during that hearing.2 On August 11, 2014, at about 10:00 p.m., a group of young men were filming a rap video in front of a convenience store in Stockton. E.W., a Taliban gang member, was part of that group. At about 10:20 p.m., someone opened fire on the group with an assault rifle. The shots came from an empty field directly to the north of the parking lot. No one

1 Undesignated statutory references are to the Penal Code. Defendant’s original petition was filed under former section 1170.95. Effective June 30, 2022, that section was renumbered section 1172.6 without change to the text. (Stats. 2022, ch. 58, § 10.) We will refer to the current statute. 2 This summary omits any facts that are based solely on “hearsay evidence that was admitted in a preliminary hearing pursuant to [section 872, subdivision (b)] . . . unless the evidence is admissible pursuant to another exception to the hearsay rule.” (§ 1172.6, subd.…