People v. Ortiz CA2/6

Statement of Facts Our summary of the facts is taken verbatim from the statement of facts at pages 2-5 of our unpublished 2022 Ortiz I opinion. The statement of facts in Ortiz I is taken from the statement of facts in our 2001 Garcia opinion. We recognize that section 1172.6 provides that, at an evidentiary hearing, “[t]he court may . . . consider the procedural history of the case recited in any prior appellate opinion.” (Id., subd. (d)(3), italics added.) It does not provide that the court may

2 consider the underlying facts recited in a prior appellate opinion. But after the trial court stated that it had “read and considered” the reporter’s transcript of the original jury trial, without objection the court said, “[B]ecause the Second District Court of Appeal[’]s statement of facts and opinions contained a summary of the most important details for purposes of this analysis, I’m going to be relying on that succinct summary in rendering my decision.” We therefore set forth the relevant facts as summarized in Ortiz I. (See People v. Vance (2023) 94 Cal.App.5th 706, 714 [“We conclude that, when an appellate opinion is admitted at an evidentiary hearing under section 1172.6,…