People v. Williams
Opinion
Opinion
INTRODUCTION
Petitioner Kyle Andrew Williams petitioned the trial court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on his conviction for attempted murder (§§ 187, 664). The trial court denied the petition at the prima facie stage after determining that petitioner was “prosecuted and convicted as the direct perpetrator of the attempted murder” and therefore was ineligible for resentencing as a matter of law. Notably, the court based this determination in part on its review of transcripts from petitioner’s preliminary hearing and plea colloquy. On appeal, petitioner contends the court erred in denying his facially sufficient petition at the prima facie stage by engaging in impermissible factfinding based on the preliminary hearing transcript and change of plea. He further contends that neither his plea nor his counsel’s stipulation to a factual basis for the plea rendered him ineligible for resentencing. For reasons we explain, we conclude the record of conviction does not establish petitioner’s ineligibility for resentencing as a matter of law. Accordingly, we reverse.