People v. Davalos CA2/2
Opinion
Opinion
DISCUSSION
The Attorney General acknowledges that respondent’s previous arguments in Davalos were the same arguments
Undesignated statutory references are to the Penal Code. Effective June 30, 2022, Penal Code section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.)
2 presented to, and rejected by, the high court in Strong. For this reason, respondent concedes the matter should be remanded for the trial court to issue an order to show cause and conduct an evidentiary hearing wherein relief should be denied if the prosecution proves “beyond a reasonable doubt, that the petitioner is guilty of murder or attempted murder under California law as amended by the changes to Section 188 or 189 made effective January 1, 2019.” (§ 1172.6, subd. (d)(3).) We agree. Upon reconsideration of the cause in light of Strong, supra, 13 Cal.5th 698, we conclude that the superior court erred in denying appellant’s petition under section 1172.6. We therefore remand the matter for the issuance of an order to show cause and further proceedings in accordance with section 1172.6, subdivision (d).