People v. Simmons CA2/8

DISCUSSION

Simmons contends the trial court erred in denying his petition at the prima facie stage because it relied on the preliminary hearing transcript to conclude he was the actual perpetrator of the murder. He contends nothing in the record of conviction establishes dispositively and as a matter of law the identity or mens rea of the actual shooter. This argument is predicated on the proposition that the preliminary hearing transcript is not part of the record of conviction and Simmons’s generic plea did not specify any theory of liability or any particular fact, i.e., that he was the person who actually perpetrated the attempted murders. Neither does the record of conviction preclude the prosecution from pursuing a theory of the case which includes accomplice liability based on the natural and probable consequences doctrine. Simmons argues the court engaged in impermissible factfinding by relying on facts taken from the preliminary hearing transcript. He contends we should reverse the trial court and remand the petition for an evidentiary hearing under the provisions of section 1172.6, subdivision (d). We disagree.

I. Relevant Law and the Standard of Review

Effective…