People v. Vasquez CA5

INTRODUCTION

Petitioner Maurilio Gomez Vasquez petitioned the superior court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on his conviction for voluntary manslaughter (§ 192, subd. (a)). The trial court denied the petition at the prima facie stage after determining the record of conviction established he was the actual killer. On appeal, petitioner argues the record does not conclusively refute his prima facie claim for resentencing. We agree with petitioner and reverse.

FACTUAL BACKGROUND

We summarize testimony presented to petitioner’s grand jury, while acknowledging that the propriety of the court relying on this testimony is a subject of dispute in this appeal. In brief summary, percipient witnesses testified before the grand jury as follows.

1 Undesignated statutory references are to the Penal Code. Former section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) We refer to the current section 1172.6 in this opinion. 2 Some of the testimony presented to the grand jury was hearsay, apparently admitted pursuant to section 939.6, subdivision (c) and section 939.71. Section 939.6,…