People v. Mosqueda CA2/7

INTRODUCTION

In April 2017 Manuel Mosqueda pleaded no contest to attempted murder. He also admitted gang and weapon allegations. In December 2022 Mosqueda petitioned the superior court to resentence him under Penal Code section 1172.6.1 The superior court appointed counsel for Mosqueda, ordered the parties to submit briefs, and held a hearing. The court ruled Mosqueda was ineligible for resentencing as a matter of law and denied the petition without issuing an order to show cause. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

A. Mosqueda and His Brother Attack Victims in a Car The testimony of the witnesses at the preliminary hearing was that Mosqueda, his brother, and several other Hispanic men drove up in three or four cars and boxed in a car with four people in it. Mosqueda, his brother, and some of the Hispanic men walked up to and surrounded the car and claimed they were from the South Side Whittier criminal street gang. Mosqueda’s brother went to the right side of the trapped car, pointed a revolver at the occupants, and struck two of the passengers in the head and face with the pistol. Mosqueda’s brother also asked the occupants for their money and their cell phones.…