People v. Blancas-Morales CA5

INTRODUCTION

In October 2018, defendant Roberto Blancas-Morales pleaded no contest to two counts in a complaint that had been amended to attempted murder and, as to the first count, admitted that he personally and intentionally discharged a firearm and, as to the second count, admitted that the offense was committed for the benefit of a criminal street gang. The trial court sentenced defendant to a term of 32 years and eight months in prison. In June 2023, defendant filed a petition for resentencing pursuant to Penal Code1 section 1172.6. The superior court dismissed the petition at the prima facie stage, without an evidentiary hearing, after it accepted the prosecutor’s argument that defendant did not qualify for relief because, while defendant agreed to plead no contest to the amended attempted murder charges, the original complaint upon which defendant would have proceeded to trial did not include charges of attempted murder and, therefore, defendant did not accept “a plea offer in lieu of a trial at which [he] could have been convicted of murder or attempted murder” (§ 1172.6, subd. (a)(2)). Defendant argues that the trial court erred in failing to consider the amended…