In re NelsonAnnotate this Case
People v. Gallardo (2017) 4 Cal.5th 120 (Gallardo), which limited a sentencing court's factfinding abilities with respect to prior conviction enhancement allegations, does not apply retroactively on collateral review of final convictions. In this case, the Court of Appeal denied the petition for writ of habeas corpus pursuant to Gallardo.
The court also held that petitioner is not entitled to relief even if Gallardo is retroactive, because it is readily apparent that petitioner's statement of his own conduct contained in the "Motion for Order Accepting Plea of Guilty" constituted the factual basis for his guilty plea. Therefore, it could properly be considered by the sentencing court — even under Gallardo — in determining the nature of the Oregon convictions. Finally, the court held that petitioner's remaining claims are barred because they were not raised on direct appeal.