People v. Espinoza CA4/1

BACKGROUND

In December 2018, Espinoza pleaded guilty to one count each of attempted murder (§§ 664 & 187, subd. (a); count 1) and assault by means likely to produce great bodily injury (§ 245, subd. (a)(4); count 7). He admitted committing both offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). He also admitted a prior strike and a prior serious felony. The court imposed an aggregate prison term of 32 years.

Undesignated statutory references are to the Penal Code. Espinoza claims, and the People concede, Espinoza is not categorially barred from relief despite the timing of his sentencing because the date of his guilty plea in 2018 is the operative date for determining the applicable law relative to resentencing eligibility under section 1172.6. We agree. (People v. Lezama (2024) 101 Cal.App.5th 583, 590 [guilty plea establishes operative date as to applicable law for purposes of section 1172.6].)

2 In June 2024, Espinoza petitioned for resentencing, asserting that the complaint permitted the prosecution to pursue his attempted murder charge under a theory of imputed malice based solely on his participation in the crime, specifically the…