People v. Smith CA2/8

INTRODUCTION

Appellant Kenneth Edward Smith pled no contest to one count of attempted murder, and he admitted that he personally used a firearm during the commission of the offense and committed the offense for the benefit of a gang. Smith later filed a resentencing petition under Penal Code section 1172.6.1 The People opposed the petition, arguing the preliminary hearing and plea hearing transcripts established that Smith was the actual shooter and, as a result, was ineligible for resentencing as a matter of law. The trial court denied Smith’s petition at the prima facie stage. We reversed that order in our original opinion, concluding the record did not conclusively establish that Smith was ineligible for resentencing relief and that the trial court erred in relying on the preliminary hearing transcript to deny Smith’s petition. The California Supreme Court granted the People’s petition for review. After deciding People v. Patton (2025) 17 Cal.5th 549 (Patton), the Supreme Court remanded the case to us with directions to vacate our prior decision and to reconsider Smith’s appeal in light of Patton. In Patton, the Supreme Court held that a trial court may properly rely on…