Does the People's Return have authority or authority to consider evidence of an off-the-record discussion among counsel that conflicts with on the record statements by the Attorney General?

The People's return provides no authority indicating that a reviewing court may, or should, consider evidence of an off-the-record discussion among counsel that conflicts with on-the-record statements by the attorneys. And we have found no cases directly addressing the argument now presented by the district attorney. But unlike an appeal, an appellate court may consider new evidence concerning matters outside the record when considering a petition for writ of habeas corpus, including declarations. (See, e.g., People v. Duvall (1995) 9 Cal.4th 464, 476 ["the return should also, 'where appropriate, . . . provide such documentary evidence, affidavits, or other materials as will enable the court to determine which issues are truly disputed.' "].) Facts set forth in the return that are not disputed in the traverse are deemed true. (Id. at p. 477.)