People v. Ramos CA2/5

I. INTRODUCTION

Defendant Gavino Ramos appeals from the trial court’s denial of his petition to vacate his second degree murder conviction and resentence him under Penal Code section 1172.6.1 According to defendant, the court’s denial at the prima facie stage, without first holding an evidentiary hearing, violated section 1172.6. We reverse the order denying the petition and remand for further proceedings.

II. FACTUAL BACKGROUND2

A. Prosecution’s Case

“Defendant was an active member of a Lynwood gang. On August 13, 2010, at about 6[:00] p.m., defendant went to a gang hangout on Blumont Road in South Gate. The house was on the border of defendant’s gang’s territory. At the time, [Isabel] Ballesteros operated a gambling machine there. And a rival

Defendant filed his petition pursuant to former Penal Code section 1170.95 which the Legislature renumbered, with no change in text, as section 1172.6 effective June 30, 2022. (Stats. 2022, ch. 58, § 10.) For clarity, we refer to that section as currently numbered throughout this opinion. All further statutory references are to the Penal Code.

The facts are taken from People v. Ramos (Nov. 22, 2013, B244221)…