5th District Court of Appeal

Fifth District holds that grand jury transcripts and police reports are not within section 1172.6(d)(3)’s hearsay exception and were inadmissible at the petitioner’s section 1172.6 evidentiary hearing, vacating the denial and remanding for a new hearing.

Fifth District holds Penal Code section 4600’s specific statute on damaging jail or prison property displaces the general felony vandalism statute, requiring reversal of an inmate’s vandalism conviction and remand for resentencing.