Molina

*533 Richard Molina challenges the trial court's order denying his petition for writ of mandate to vacate his conviction pursuant to People v. Rodriguez (2012) 55 Cal.4th 1125 , 150 Cal.Rptr.3d 533 , 290 P.3d 1143 . Molina argues, and the Orange County District Attorney (OCDA) concedes, the court erred by denying the petition because Molina acted alone. As we explain below, mandate was not the proper vehicle to seek relief and although based on the record before us it appears Molina is entitled to relief, we decline to suggest to the parties what might be a better vehicle. We deny the petition.

FACTS

Police officers received a call there were people in a park vandalizing a table and *498 smoking marijuana. When police arrived they saw a woman walk from the park to a car, retrieve a jacket, and walk back into the park where she sat at a table with Molina and another man. Police officers walked by the car and saw a 40-caliber cartridge on the armrest. A search of the car revealed a loaded 40-caliber pistol magazine and a 40-caliber semiautomatic pistol in the glove compartment. A search of the man revealed a small bag of marijuana. The man admitted to an officer he "kick[ed] it…