P. v. Pickett
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Defendant appealed from an order summarily denying his petition to vacate his murder conviction and be resentenced under Penal Code section 1172.6.
The Second Appellate District agreed with the trial court that Defendant has not made a prima facie showing for relief under section 1172.6. The court explained that although Defendant’s petition is facially sufficient and thus entitled him to the appointment of counsel, it is devoid of factual allegations concerning the killing of the victim. Defendant does not deny that he was the actual killer, nor does he assert that another person fired the shot that killed the victim or that he acted without the intent to kill. He merely states the legal conclusion that he could not now be convicted of murder because of changes made to the law of murder under Senate Bill No. 1437. Under these circumstances, where Defendant alleged no facts concerning the murder to which he pleaded guilty, the People introduce without objection uncontroverted evidence from the preliminary hearing transcript showing that the Defendant acted alone in killing the victim, and Defendant does not put forth, by way of briefing or oral argument, any factual or legal theory in support of his petition, Defendant has failed to make a prima facie showing for relief under section 1172.6.
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