People v. Orozco CA4/2

I.

INTRODUCTION

Defendant and appellant Francisco Orozco, Jr. appeals the trial court’s order 1 denying his Penal Code section 1172.6 (formerly § 1170.95) petition to recall his

voluntary manslaughter and attempted voluntary manslaughter convictions and for

resentencing. On appeal, defendant contends the trial court improperly denied his

petition at the prima facie stage without issuing an order to show cause (OSC). We

disagree and affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background

On December 31, 2013, Alfredo A. was hosting a New Year’s Eve party at his

home with several guests in attendance. While Alfredo and his brother-in-law, Robert

Sanchez, were standing by an outdoor bonfire pit in the front yard, defendant and his

cohorts, Angel Valenciana and David Colomo, appeared at Alfredo’s driveway. Alfredo

1 Unless otherwise specified, all future statutory references are to the Penal Code. Effective June 30, 2022, the Legislature renumbered section 1170.95 as section 1172.6 (Stats. 2022, ch. 58, § 10), without substantive changes to the statute’s content. We hereafter cite to section 1172.6 for ease of reference. 2 The factual background is taken…