People v. Ruvalcaba CA3
Opinion
Opinion
Filed 3/9/22 P. v. Ruvalcaba CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(San Joaquin) ----
THE PEOPLE, C091442
Plaintiff and Respondent, (Super. Ct. No. STK-CR-FE- 2014-0008835) v.
PABLO RUVALCABA,
Defendant and Appellant.
Defendant Pablo Ruvalcaba appeals from a postjudgment order denying his petition for resentencing under Penal Code section 1170.95.1 As we will explain, we agree the trial court erred. We reverse the order and remand for a new hearing on the petition.
Undesignated statutory references are to the Penal Code.
FACTUAL AND PROCEDURAL BACKGROUND
The parties agree that defendant and other members of the Norteño street gang planned an armed bank robbery.2 Defendant was to drive the…