People v. Alvarez CA6

Filed 7/18/24 P. v. Alvarez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H051172

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1230950)

v.

JAIME ALTUNA ALVAREZ,

Defendant and Appellant.

Defendant Jaime Altuna Alvarez was convicted of attempted murder and discharging a firearm from a motor vehicle in 2013. He petitioned for resentencing under Penal Code former section 1170.95 (now Pen. Code, § 1172.6). The trial court denied the petition without an evidentiary hearing after concluding defendant was ineligible for relief under that statute as a matter of law. Defendant argues on appeal that the trial court should have conducted an evidentiary hearing because an ambiguity in the jury…