People v. Leung CA4/1

INTRODUCTION

In 2016, Jovani Leung pleaded guilty to the attempted murder of A.B. In 2023, after the enactment of Senate Bill No. 1437 (2017–2018 Reg. Sess.), Leung petitioned to have his attempted murder conviction vacated and to be

resentenced under Penal Code section 1170.95 (now § 1172.6).1 At the prima facie hearing, the trial court found Leung ineligible for relief as a matter of law and denied the petition without issuing an order to show cause. On appeal, Leung contends we must reverse the denial order because the trial court improperly relied on a codefendant’s change of plea form—a document outside Leung’s record of conviction—to find him ineligible for relief. Leung claims the error was prejudicial because his record of conviction does not preclude him from being resentenced as a matter of law. We agree with Leung that the court erred by considering the codefendant’s change of plea form, but disagree that the error was prejudicial. Instead, we conclude the error was harmless because Leung’s admissions on his own change of plea form and at his own plea colloquy demonstrate his ineligibility for relief. Therefore, we affirm the order denying the petition for…