People v. Pittman
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Pittman was sentenced to 15 years to life in prison for a 1993 second-degree murder. Pittman, then 21 years old, committed the crime with two others, who were 16 and 17 years old. At a 2017 parole hearing, Pittman provided new inculpatory statements. Later, the trial court relied on Pittman’s parole hearing testimony to conclude he was not entitled to relief under Penal Code section 1172.6,1 which allows individuals to petition for relief if they were convicted of murder under theories invalidated by Senate Bill 1437 (natural and probable consequences doctrine of murder liability); the prosecution must prove, beyond a reasonable doubt, that the petitioner is guilty of murder under California law as amended by Senate Bill 1437. A court “may consider evidence previously admitted at any prior hearing or trial that is admissible under current law [and] new or additional evidence” offered by either party.
The court of appeal reversed and remanded. Pittman’s parole hearing testimony could be considered by the trial court and all of the evidence, taken together, could constitute substantial evidence in support of the trial court’s decision if there were no other circumstances warranting consideration. However, Pittman’s youth is a relevant factor in assessing whether he formed the requisite mental state for conviction, which the trial court did not consider.
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