People v. Carbajal CA2/5
Opinion
Opinion
I. INTRODUCTION
Defendant Alberto Hernandez Carbajal appeals from an order denying his petition for resentencing pursuant to Penal Code section 1172.6,1 arguing that the trial court improperly relied upon the preliminary hearing transcript in finding him ineligible for resentencing as a matter of law. We affirm and remand with directions.
II. BACKGROUND
A. Underlying Conviction
On October 3, 2002, the Los Angeles County District Attorney (District Attorney) filed an information charging defendant with murdering Onell Padilla (§ 187, subd. (a); count 1). The District Attorney also alleged that defendant personally and intentionally discharged a firearm which caused great bodily injury or death (§ 12022.53, subd. (d)). On January 14, 2003, at a change of plea hearing, defendant pleaded guilty to second degree murder, and the District Attorney moved to dismiss the firearm enhancement. The trial court sentenced defendant to 15 years to life in prison.
1 Further statutory references are to the Penal Code unless otherwise indicated. The Legislature renumbered section 1170.95 as section 1172.6 effective June 30, 2022. (Stats. 2022, ch. 58, § 10.) For clarity, we will…