People v. Brass CA4/2

BACKGROUND

In 2013, a jury convicted defendant of several offenses, including attempted

murder. (§§ 664, 187.) It also found true that he personally used and discharged a

firearm in the commission of the attempt. Defendant appealed and we struck improperly

imposed on-probation enhancements, ordered amendment of the abstract of judgment to

reflect the change, and affirmed the judgment in all other respects. (People v. Brass

(Aug. 7, 2015, E060714) [nonpub. opn.] (Brass I.).)

In March 2022, defendant filed a section 1172.6 petition for resentencing. The

People opposed the petition and requested judicial notice of our opinion in Brass I, the

jury’s signed verdict forms, as well as the trial court’s files and records in defendant’s

case. Defendant argued his petition established on its face his entitlement to relief and,

therefore, the court should not decide the credibility of his allegations without first

holding an evidentiary hearing.

At the January 2023 hearing on the petition, the trial court granted the People’s

request for judicial notice and denied defendant’s petition on the ground that its review of

the court record established defendant was prosecuted and…