People v. Henry CA1/1, A170490

Bobby Henry pleaded guilty to murder and was sentenced to 25 years to life under a negotiated plea agreement.
Henry filed a petition for resentencing under California Penal Code section 1172.6, claiming eligibility based on changes to felony murder and related doctrines.
The trial court appointed counsel and reviewed responses, including arguments over whether preliminary hearing transcripts could be considered at the prima facie stage.
The prosecution argued that the preliminary hearing showed Henry was the actual killer, and Henry had stipulated to the factual basis derived from that hearing.
The trial court denied Henry's petition at the prima facie stage, finding the preliminary hearing evidence and plea stipulation foreclosed relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Can a court use preliminary hearing transcripts at prima facie stage of § 1172.6 review?	Henry argued it was impermissible factfinding.	The People (state) argued such use is permitted for legal sufficiency.	Yes; the court may rely on undisputed preliminary hearing facts to refute conclusory claims.
Whether Henry made a prima facie showing for resentencing.	Claimed he met the low threshold for showing.	Asserted no evidence raised doubt Henry was actual killer.	No; petitioner offered only conclusory allegations, not sufficient.

People v. Mares, 99 Cal.App.5th 1158 (Cal. Ct. App. 2024) (addressed court’s use of preliminary hearing transcripts at the prima facie stage, though later review was granted)
People v. Estrada, 101 Cal.App.5th 328 (Cal. Ct. App. 2024) (distinguished cases involving multi-perpetrator theories at preliminary hearing)