People v. Marroquin CA2/7

INTRODUCTION

In 2019 Joshua Marroquin pleaded no contest to attempted murder and admitted he personally used a firearm and inflicted great bodily injury. The trial court sentenced him to 22 years in prison pursuant to a negotiated disposition. Three years later, Marroquin filed a petition under Penal Code section 1172.61 (former section 1170.95) for resentencing. The superior court appointed counsel, ordered the parties to submit briefs, held a hearing, and denied the petition. The court ruled Marroquin’s plea and admissions demonstrated he was the actual shooter and therefore ineligible for relief as a matter of law. Marroquin argued the superior court erred because, according to Marroquin, the record of conviction does not establish he was the actual perpetrator. To the extent the superior court considered the preliminary hearing transcript, Marroquin argues, doing so was “inconsistent” with section 1172.6, an argument the Supreme Court rejected in People v. Patton (2025) 17 Cal.5th 549 (Patton). The superior court stated it was not considering the preliminary hearing transcript. Nevertheless, the court may have erred in concluding Marroquin’s plea and admissions showed he was…