People v. Ignacio CA2/7

INTRODUCTION

Eric Rubio Ignacio appeals from an order denying his petition for resentencing pursuant to Penal Code section 1172.6 (former section 1170.95).1 This is Ignacio’s second appeal from a denial of his resentencing petition after an evidentiary hearing. In his first appeal, Ignacio argued substantial evidence did not support the superior court’s finding that the prosecution met its burden “to prove, beyond a reasonable doubt, that the petitioner is guilty of murder . . . under California law as amended by the changes to Section 188 and 189 made effective January 1, 2019.” (§ 1172.6, subd. (d)(3).) Although this Court determined the evidence at the evidentiary hearing was sufficient to support the superior court’s order, we reversed due to then-recent legislative amendments which, among other things, limited a court’s consideration of a prior appellate opinion to “the procedural history of the case recited.” (§ 1172.6, subd. (d)(3); see People v. Clements (2022) 75 Cal.App.5th 276, 292.) Because the court relied on the factual statement in the prior appellate opinion, we remanded for a new evidentiary hearing to conform to the amendment. On remand, the court held another…