Anaya

Filed 12/30/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B338242 (Super. Ct. No. PA089375) Plaintiff and Respondent, (Los Angeles County)

v.

RUFINO ANAYA,

Defendant and Appellant.

Can a trial court’s remarks at the conclusion of a bench trial support the prima facie denial of a Penal Code1 section 1172.6 petition? We conclude the answer is yes and, accordingly, will affirm the order denying Rufino Anaya’s section 1172.6 petition. To the extent appellant also appealed the trial court’s decision on his section 1172.1 request, we will dismiss that portion of the appeal.

1 Undesignated statutory references are to the Penal Code.

Appellant filed a form petition citing section 1170.95. Effective June 30, 2022, the Legislature renumbered section 1170.95 as section 1172.6, without substantive change. (Stats. 2022, ch. 58, § 10.) We refer to the statute as section 1172.6 throughout.

FACTUAL AND PROCEDURAL BACKGROUND2

“On January 25, 2017, appellant and his girlfriend K.O. got into an argument in a store parking lot. Appellant broke the windshield…