People v. Benavidez CA5

INTRODUCTION

In 2018, appellant Saul Benavidez pleaded no contest to one count of attempted murder (Pen. Code, §§ 664/187, subd. (a)).1 Appellant also pleaded no contest to a gang enhancement (§ 186.22, subd. (b)(1)(A)), a firearm enhancement (§ 12022.5, subd. (a)), and a great bodily injury enhancement (§ 12022.7, subd. (a)). He admitted a prior strike conviction. In 2018, appellant was sentenced to prison for an aggregate term of 27 years. In 2023, appellant filed a petition for resentencing, alleging he could no longer be convicted of attempted murder due to retroactive changes in the law. The trial court appointed counsel to represent appellant, and the court received briefing from the parties. After hearing oral argument, the court denied the petition at the prima facie stage. We agree with appellant that the denial was improper. The record of conviction at the prima facie stage does not “establish conclusively” that appellant is ineligible for resentencing relief. (See People v. Strong (2022) 13 Cal.5th 698, 708.) We will reverse and remand for further proceedings.

BACKGROUND

Because this matter did not go to trial, we summarize background facts from the preliminary…