People v. Muhammad CA1/3

facts recited in an appellate opinion when ruling on a petition under section 1170.95. (Former § 1170.95, subd. (d)(3), as amended by Stats. 2021, ch. 551, § 2.) Although the amendment allows a court to “consider evidence previously admitted at any prior hearing or trial that is admissible under current law,” it restricts the court’s consideration to “the procedural history of the case recited in any prior appellate opinion.” (Former § 1170.95, subd. (d)(3), italics added, now § 1172.6, subd. (d)(3); People v. Clements (2022) 75 Cal.App.5th 276, 292 (Clements).) Appellant does not argue—and there is no indication in the record—that the trial court in this case relied on the prior appellate opinion in reaching its decision. Our own analysis of the issues on appeal is based on our review of the record including the trial transcripts, not the summary of facts in our prior appellate opinion. But

2 Alphonso Lontayo, Martin McCumber, and Dennis Jacobson were employees of the Loomis Armored Car Company who were killed inside the company’s Vallejo facility during an armed robbery in 1991. (Muhammad I, supra, pp. *1–*2.) The prosecution theorized that appellant, along with Thomas Young,…