Can the record of a criminal conviction be used to determine whether to deny a motion for a motion to overturn a denial of a motion?

^6. Although the same type of information from the record of conviction could result in denial of a petition at either prima facie step, the two steps are procedurally distinct and should not be read as a redundancy written into the statute. The statute contemplates two separate determinations that the trial court must make at different times during the petition procedure. (Verdugo, supra, 44 Cal.App.4th at pp. 328-329; but see People v. Cooper (2020) 54 Cal.App.5th 106, 109, review granted Nov. 10, 2020, S264684 [concluding that the right to counsel attaches upon the filing of a facially sufficient petition and disagreeing with Verdugo, supra, at p. 320].)