Garcia

Filed 11/20/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

LEONARDO GARCIA, B334806

Petitioner, (Super. Ct. No. PA070040)

v.

THE SUPERIOR COURT OF

LOS ANGELES COUNTY,

Respondent;

CITY OF LOS ANGELES,

Real Party in Interest.

ORIGINAL PROCEEDING in mandate. Superior Court of Los Angeles County, Hayden Zacky, Judge. Petition granted. Angela Berry, under appointment by the Court of Appeal, for Petitioner. No appearance for Respondent. Hydee Feldstein Soto, City Attorney, Valerie Flores, Chief Deputy, Carlos de la Guerra, Senior Assistant City Attorney, Chung H. Cho, Supervising Deputy City Attorney, Casey T. Shim, Deputy City Attorney, for Real Party in Interest. __________________

Leonardo Garcia filed a petition for resentencing pursuant to Penal Code former section 1170.95 (now section 1172.6) with respect to his convictions for second degree murder and attempted premeditated murder.1 The trial court found Garcia stated a prima facie case for relief, issued an order to show cause, and set the matter for an evidentiary hearing. In preparation for the evidentiary hearing,…