People v. Villegas CA5
Opinion
Opinion
INTRODUCTION
Fred Israel Villegas, appellant, appeals from the denial of a petition for resentencing pursuant to Penal Code1 section 1172.6.2 Appellant argues the trial court improperly relied on police reports when denying his petition at the prima facie stage. The People concede denying the petition was error. We reverse the July 20, 2023 order denying appellant’s section 1172.6 petition, and remand the matter directing the court to issue an order to show cause and conduct further proceedings as required by section 1172.6, subdivision (d).
PROCEDURAL HISTORY
On March 6, 2009, the Tulare County District Attorney filed a complaint charging appellant with first degree murder (§ 187). It was further alleged appellant personally used a deadly weapon, a knife, in the commission of the crime (§ 12022, subd. (b)(1)), the murder was committed during the commission of a felony, burglary (§ 190.2, subd. (a)(17)), and appellant was an active participant in a criminal street gang and carried out the murder for the benefit of a street gang (§ 190.2, subd. (a)(22)). Appellant, who was a minor at least 16 years of age at the time, was also charged as an adult (Welf. & Inst. Code, § 707,…