People v. Velarde CA2/7

INTRODUCTION

In 2015, Thomas Ruben Velarde pleaded no contest to voluntary manslaughter and attempted murder charges, and admitted gang and firearm allegations. In 2022, Velarde filed a petition for resentencing under Penal Code former section 1170.95 (now section 1172.6).1 The superior court denied the petition without issuing an order to show cause. We conclude that the record of conviction does not refute Velarde’s prima facie case for relief as a matter of law. We reverse and direct the superior court to vacate its order denying the petition, issue an order to show cause, and conduct further proceedings in accordance with section 1172.6, subdivision (d).

FACTUAL AND PROCEDURAL BACKGROUND

A. The Underlying Crimes

In January 2009, deputies from the Los Angeles County Sheriff’s Department responded to a call regarding a shooting in Compton.2 When the deputies arrived at the scene, a restaurant parking lot, they found three victims who appeared to have been shot. Paramedics pronounced one victim dead upon their arrival.

Statutory references are to the Penal Code. We describe facts from the preliminary hearing transcript to provide background and context for…