People v. Marroquin CA2/7

Filed 11/5/24 P. v. Marroquin CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B332581

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA224467) v.

ARMANDO ANTONIO MARROQUIN,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, Shelly B. Torrealba, Judge. Reversed and remanded. David R. Greifinger, 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, Scott A. Taryle and Steven D. Matthews, Deputy Attorneys General, for Plaintiff and Respondent.

Armando Antonio Marroquin appeals from a postjudgment order denying his motion under Penal Code1 section 1473.7 to vacate his conviction after a jury trial. The superior court denied the motion without appointing counsel and without holding a hearing on the merits, finding Marroquin was ineligible for relief because his conviction was the result of a trial, not a plea. Marroquin contends, and the People concede, that the superior court erred in failing to hold a hearing on the merits pursuant to section 1473.7, as recently amended. We agree. Thus, we reverse the superior court’s order and remand for a hearing. RELEVANT BACKGROUND In August 2002, a jury found Marroquin guilty of continuous sexual abuse of a child under the age of 14 years (§ 288.5, subd. (a)), making a criminal threat (§ 422), and willful infliction of corporal injury on a spouse or cohabitant (§ 273.5). The trial court sentenced Marroquin to an aggregate term of 17 years eight months imprisonment, consisting of the upper term of 16 years for sexual abuse, eight months (one-third the middle term) for making a criminal threat, and one year for the misdemeanor count of inflicting corporal injury. We affirmed the judgment. (People v. Marroquin (Apr. 13, 2004, B165641) [nonpub. opn.].) In 2019, Marroquin filed a motion to vacate his convictions under former section 1473.7, the denial of which motion we affirmed on appeal. (People v. Marroquin (Nov. 18, 2020, B299842) [nonpub. opn.].) On June 21, 2023, Marroquin filed a second motion to