People v. Jimenez CA2/3

INTRODUCTION

In 2016, defendant and appellant Cesar Rafael Jimenez pleaded guilty to attempted murder (Pen. Code,1 §§ 664/187, subd. (a)) and admitted a gun enhancement (§ 12022.5) and a gang enhancement (§ 186.22, subd. (b)(1)(C)). In 2022, Jimenez filed a petition for resentencing pursuant to section 1172.6,2 which the trial court denied at the prima facie stage. The Attorney General concedes that the record of conviction does not establish that Jimenez is ineligible for relief under section 1172.6 as a matter of law and that the court therefore erred in denying the petition. We accept this concession and reverse and remand with directions to issue an order to show cause and conduct such further proceedings as necessary pursuant to section 1172.6, subdivision (d).

FACTS AND PROCEDURAL BACKGROUND

On July 21, 2015, a preliminary hearing was held, at which Detective Shawn O’Donnell testified that, on June 5, 2013, he investigated a shooting that occurred in Hacienda Heights. Detective O’Donnell spoke to an individual named Jeren Cordova, who told the detective that he was at his girlfriend’s house, lighting fireworks with her and her family. Jimenez, his girlfriend, and Joseph…