Patton
People v. Patton
Opinion
Opinion
Jenkins, J.
Opinion of the Court by Jenkins, J.
In 2018, the Legislature amended the law of homicide, eliminating several theories of liability based on imputed malice. It has also offered relief to those convicted under certain homicide theories, such as murder or attempted murder under the natural and probable consequences doctrine, whose convictions are now tainted. (Pen. Code, § 1172.6, subd. (a).1) Petitioners seeking relief under section 1172.6 must, first, file a facially valid petition that states the statutory requirements for relief (id., subd. (b)), and second, make a “prima facie showing” (id., subd. (c)), before a court must issue an order to show cause and hold an evidentiary hearing on the ultimate question of resentencing at which the People will bear the burden of defending a conviction under the amended law (id., subd. (d)). With section 1172.6 petitions involving convictions after guilty pleas, a common scenario has unfolded. An unrepresented petitioner submits a pre-printed form petition, such as one the Office of the State Public Defender provides, geared towards meeting the requirements for facial validity and obtaining counsel. (§ 1172.6, subd. (b).)…