People v. Philbrook CA3

BACKGROUND

At the hearing on defendant’s section 1172.6 petition, the People relied on the trial transcript from Fultz’s trial, including testimony from defendant and his wife, Amber Nelson.2 Defendant also testified at the section 1172.6 hearing. We summarize the

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 Devencenzi did not testify at Fultz’s trial, but rather testified during a conditional examination, which was played for Fultz’s jury. The record in this appeal does not contain the transcript of the conditional examination. However, this court summarized that testimony in People v. Fultz (2021) 69 Cal.App.5th 395. Although we do not rely on that summary, we note that it is generally consistent with the testimony of defendant and Nelson, upon which we do rely in reciting the relevant facts. (See id. at pp. 408-410.)

2 background facts based on that testimony and the written factual basis for defendant’s guilty plea. In 2014,…