People v. Orozco CA2/5

Filed 9/25/24 P. v. Orozco CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B331627

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA131923) v.

CHRISTOPHER OROZCO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lisa Coen, Judge. Reversed and remanded. Law Offices of James Koester and James Koester, 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, Senior Assistant Attorney General, Noah P. Hill and Heidi Salerno, Deputy Attorneys General for Plaintiff and Respondent.

Christopher Orozco appeals the trial court’s order denying his petition for vacatur of his attempted murder conviction and resentencing under Penal Code1 former section 1170.95 (now §1172.6). The trial court relied on the preliminary hearing transcript to find that Orozco failed to make a prima facie showing of eligibility because the evidence presented at the preliminary hearing indicated he was the sole perpetrator who committed attempted murder by stabbing the victim. We reverse the trial court’s order and remand for further proceedings.

PROCEDURAL HISTORY

A. Charges

In an amended information filed on April 14, 2014, Orozco was charged with one count of attempted murder (§§ 187, subd. (a) & 664, count 1) and one count of assault with a deadly weapon, a knife (§ 245, subd. (a)(1)). It was alleged as to count one that Orozco personally used a dangerous and deadly weapon, a knife. (§ 12022, subd. (b)(1).) It was further alleged as to both counts that Orozco personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)), and that Orozco had suffered two prior convictions for serious and/or violent felonies under the Three Strikes law (§§ 667, subd. (d) & 1170.12, subd. (b)), suffered two prior serious felony convictions within the meaning of section 667.5, subdivision (a)(1), and served a prior prison term within the meaning of section 667.5, subdivision (b).