People v. Zepeda CA2/7

INTRODUCTION

Jose Mauricio Zepeda appeals from a postjudgment order denying his petition for resentencing under Penal Code section 1172.6.1 The superior court concluded Zepeda failed to make a prima facie showing of eligibility. Zepeda requests, and the People do not oppose, remand with directions for the superior court to consider an amended petition should Zepeda seek to file one so that he and the superior court have the benefit of the Supreme Court’s guidance in People v. Patton (2025) 17 Cal.5th 549 (Patton). Accordingly, we affirm the order denying the petition for resentencing but remand for the superior court to consider Zepeda’s amended petition, should he seek to file one within 30 days of remand.

FACTUAL AND PROCEDURAL BACKGROUND

In 2011, Zepeda was charged with one count of murder (§ 187, subd. (a)) and one count of attempted murder (§§ 664, 187, subd. (a)), with gang and firearm enhancements alleged. In 2012, Zepeda pleaded no contest to one count of voluntary manslaughter (§ 192, subd. (a)), and he admitted the gun (§ 12022.5, subd. (a)) and gang (§ 186.22, subd. (b)(1)(C)) enhancement allegations. The trial court sentenced Zepeda to an aggregate determinate term…