People v. Gonzalez CA5

INTRODUCTION

Petitioner Fedencio Gonzalez petitioned the trial court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on his three convictions for attempted murder (§§ 187, subd. (a), 664). The trial court determined petitioner had made a prima facie showing of resentencing eligibility, but the court did not expressly issue an order to show cause. The court then conducted an evidentiary hearing, at which it denied the petition after concluding the report of the probation officer and petitioner’s admission of two great bodily injury enhancements established petitioner was ineligible for resentencing. In his opening brief, petitioner argued the court erred in denying his petition for resentencing at the prima facie stage (§ 1172.6, subd. (c)) because the denial required factual findings and weighing of the evidence. The People disputed that the petition was denied at the prima facie stage and instead argued the trial court held an evidentiary hearing pursuant to section 1172.6, subdivision (d) before finding petitioner ineligible for relief. In his reply brief, petitioner argued for the first time that, to the extent the court conducted an…