Dixon

INTRODUCTION

Appellant Kevin Christopher Dixon appeals the denial of his petition for relief under Penal Code section 1172.6 1 after an evidentiary hearing. He argues the trial court erred by admitting and considering a grand jury proceeding transcript, police reports, witness statements and other law enforcement-generated documents at the evidentiary hearing. The Attorney General concedes neither the grand jury transcript nor the law enforcement-generated records were admissible at the evidentiary hearing, and he maintains the matter should be remanded for a new evidentiary hearing. Appellant contends the erroneous admission of this evidence requires granting his petition, vacating his conviction, and resentencing him without any further evidentiary hearing. The admission of evidence at a section 1172.6 evidentiary hearing is “governed by the Evidence Code,” except that a court “may consider evidence previously admitted at any prior hearing or trial that is admissible under current law, including witness testimony, stipulated evidence, and matters judicially noticed.” (Id., subd. (d)(3).) This carve-out for “‘evidence previously admitted at any prior hearing or trial’” has been…