People v. Mendiola CA6

Filed 1/4/22 P. v. Mendiola CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H047240, H047983 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC933529)

v.

LEONCIO RAMON MENDIOLA,

Defendant and Appellant.

Defendant Leoncio Ramon Mendiola pleaded no contest in 2014 to attempted murder and admitted that he personally used a firearm in return for a 19-year prison sentence. Defendant petitioned the trial court for resentencing in 2019 after the Legislature vested trial courts with discretion to strike formerly mandatory firearm enhancements. The trial court denied the request because defendant’s judgment had become final after there was no timely appeal. Defendant obtained relief from default for his…