People v. Mora CA2/7

INTRODUCTION

In 2010 Julian Joseph Mora pleaded no contest to attempted murder and admitted he personally used a firearm and inflicted great bodily injury. In 2023 Mora filed a petition for resentencing under Penal Code section 1172.6.1 The superior court ruled Mora did not state a prima facie case for relief and denied the petition without issuing an order to show cause. Mora argues the superior court erred in relying on testimony from the preliminary hearing. Pursuant to People v. Patton (2025) 17 Cal.5th 549 (Patton) we direct the superior court to allow Mora to file an amended petition. Otherwise, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Mora Shoots a Man in a Parking Lot, Pleads Guilty to Attempted Murder, and Admits Certain Allegations According to the testimony at the preliminary hearing, which under Patton, supra, 17 Cal.5th 549 the superior court can consider in determining whether a petitioner has made a prima facie showing for relief under section 1172.6 (Patton, at p. 560), one evening in April 2009 Luis Perez and Gabriela Fraile were sitting in Perez’s truck outside a bowling alley. Perez was sitting in the driver’s seat, and Fraile was in the passenger…