People v. Patton

Summary

The court held that a petitioner seeking resentencing under section 1172.6 does not make a prima facie showing merely by submitting conclusory checkbox allegations when the record of conviction demonstrates that the conviction rested on a still-valid theory. A court may consider undisputed facts in a preliminary hearing transcript to refute those conclusory allegations, without engaging in impermissible factfinding, but must grant an evidentiary hearing if the petitioner presents specific facts creating a material dispute. The court affirmed the Court of Appeal but remanded to allow Patton 30 days to seek leave to file an amended petition.