People v. Saldana CA2/2

BACKGROUND

After a jury trial with codefendant Eduardo Galicia in 2011, defendant was convicted of three counts of attempted willful, deliberate, and premeditated murder (§§ 664/187, subd. (a)) and other offenses. On November 29, 2011, he was sentenced to a prison term of 25 years. On direct appeal we affirmed the judgment in People v. Saldana (May 15, 2013, B238491) (nonpub. opn.). In January 2022, defendant filed a petition for vacatur of his attempted murder convictions and resentencing pursuant to section 1172.6. The trial court appointed counsel for defendant, the prosecution filed a response to the petition, and after finding defendant’s jury had been instructed on the natural and probable consequences theory of liability, issued an order to show cause why relief should not be granted under the statute. An evidentiary hearing pursuant to section 1172.6, subdivision (d) was held October 31, 2022. The prosecution submitted the

All further unattributed code sections are to the Penal Code unless otherwise stated.

2 matter on the reporter’s and clerk’s transcripts of defendant’s 2011 trial, omitting any hearsay, as well as the procedural portion of the appellate opinion.…