People v. Cruz CA2/7

INTRODUCTION

Angel DeJesus Cruz appeals from the denial of his Penal Code section 1172.6 petition for resentencing.1 The superior court concluded Cruz failed to make a prima facie showing of eligibility. While this appeal was pending, the California Supreme Court issued its decision in People v. Patton (2025) 17 Cal.5th 549 (Patton), and we invited supplemental briefing from the parties. We affirm the superior court’s order and remand with directions to consider an amended petition should Cruz seek to file one.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Underlying Crime On December 18, 2017, at approximately 11:00 a.m., James Allen was shot while he was walking down Glenoaks Boulevard. At the preliminary hearing, Allen testified that a “white four-door little car” pulled up next to him, and the driver asked him where he was from. Allen responded he did not “gang bang.” The driver shot at him twice and hit him once in the right buttock while Allen ran away. Allen recalled the driver wore a black baseball cap with a yellow “P” embroidered on it. The driver said, “Fuck Slobs” when he shot Allen. Allen identified Cruz as the shooter at the preliminary hearing. The prosecution…