People v. Jara CA2/4

Filed 8/1/24 P. v. Jara CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B329307

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA014051) v.

ALONSO JARA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura C. Ellison, Judge. Reversed and remanded with instructions. Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Zee Rodriguez and Charles S. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

MEMORANDUM OPINION1 In 1993, the People charged appellant Alonso Jara and another person with one count of murder and two counts of attempted murder. For all three counts, the information alleged that Jara personally used a firearm. In March 1994, Jara pled guilty to second degree murder (§ 187, subd. (a)), and admitted the firearm allegation (§ 12022.5, subd. (a)). He was sentenced to 15 years to life. On June 29 2022, Jara filed a petition for resentencing under former section 1170.95, now section 1172.6.2 The trial court appointed counsel for Jara. The People opposed the petition on the grounds that Jara was prosecuted as the actual perpetrator, and therefore he was ineligible for relief as a matter of law. The People submitted the preliminary hearing transcript in support of the opposition. The trial court denied the petition, finding that Jara failed to make a prima facie showing. Jara timely appealed. On appeal, Jara contends that the trial court erred in denying his petition without issuing an order to show cause or holding an evidentiary hearing. The People agree that the trial