People v. Graham CA1/3

Filed 12/28/21 P. v. Graham CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, A160737

v. (Contra Costa County Super. Ct. No. 50118505)

LARRY CHRISTOPHER

GRAHAM,

Defendant and Appellant.

Defendant Larry Christopher Graham contends, the People concede, and we agree the trial court erred in denying Graham’s Penal Code section 1170.951 petition to vacate Graham’s first degree murder conviction without issuing an order to show cause and holding an evidentiary hearing. We reverse and remand the matter for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

The facts are taken from the record of conviction and from our prior decision affirming Graham’s 2003 convictions for…