People v. Sarabia CA5

INTRODUCTION

Defendant Daniel Sarabia petitioned the trial court for resentencing pursuant to section 1172.6 of the Penal Code.1 The trial court denied the petition at the prima facie stage after determining defendant was ineligible for relief because there was “substantial evidence” in the record that he could be found guilty of murder beyond a reasonable doubt as a major participant who acted with reckless indifference to human life in a home invasion robbery that resulted in death, a still-valid theory of murder. On appeal, defendant contends the trial court applied an incorrect legal standard and therefore erred by denying his facially sufficient petition. He further contends the court impermissibly engaged in judicial factfinding at the prima facie stage. Alternatively, to the extent his claims are barred by issue preclusion, defendant asserts ineffective assistance of counsel. The Attorney General concedes the trial court erred by denying the petition at the prima facie stage because the record fails to show defendant ineligible for resentencing as a matter of law. The Attorney General agrees with defendant that the matter must be remanded to the trial court with…