People v. Garcia CA2/6

Facts Our summary of the facts is taken verbatim from the statement of facts at pages 2-4 of our unpublished 2022 opinion, People v. Garcia (March 3, 2022, B300163) (Garcia II). In Garcia II “[w]e remand[ed] the matter to the trial court with directions to issue an order to show cause and conduct a[n evidentiary] hearing as required by section [1172.6].” (Garcia II, p. 2.) The statement of facts in Garcia II is taken from the statement of facts in Garcia I. 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 consider the underlying facts recited in a prior appellate opinion. But after the trial court stated that it had “read and considered the trial transcript of the original jury trial,” without objection the court said it had “reviewed” our prior opinion in Garcia I and that the facts “are summarized quite succinctly in the 2001 unpublished opinion.” We therefore set forth the relevant facts from our 2001 opinion as summarized in Garcia II. (See People v. Vance (2023) 94…