People v. Thomas CA2/4

facts considered by the trial court were drawn from the transcript

All further statutory references are to the Penal Code unless otherwise indicated. Effective June 30, 2022, the Legislature renumbered section 1170.95 to section 1172.6. (Stats. 2022, ch. 58, § 10.) There were no substantive changes to the statute. We hereafter refer to the statute as section 1172.6.

2 of appellant’s preliminary hearing. We summarize this evidence here, keeping in mind that appellant has challenged the propriety of the court’s reliance on the preliminary hearing transcript for purposes of making a prima facie determination under section 1172.6. The preliminary hearing included testimony from a single witness, officer Scott Wilhelm of the Los Angeles Police Department (LAPD). Wilhelm testified that on January 21, 2013, he and his partner responded to assist LAPD officers Loomis and Gastelum in a traffic stop of possible shooting suspects. Earlier, Loomis and Gastelum were in a parking lot at 108th Street and Spring Street in Los Angeles when they reported hearing gunshots. As they drove in the direction of the sound, they observed and then began following a green minivan. After…