People v. Vargas CA2/8

Filed 12/5/24 P. v. Vargas CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B333056

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA398337-01) v.

CARLOS JAUREGUI VARGAS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Ronald S. Coen, II, Judge. Reversed. 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, Scott A. Taryle and David E. Madeo, Deputy Attorneys General for Plaintiff and Respondent. _______________________

Carlos Jauregui Vargas appeals the denial of his petition for resentencing under Penal Code section 1172.6. We reverse. BACKGROUND In 2009, a grand jury indicted appellant Carlos Jauregui Vargas on two counts of murder, in violation of Penal Code1 section 187, subdivision (a), and other offenses. Later, pursuant to a plea agreement, the People filed a felony complaint under a different case number charging Vargas with two counts of voluntary manslaughter and other offenses. Vargas pleaded no contest to the felony complaint, including the two counts of voluntary manslaughter. (§ 192, subd. (a).) In exchange for his plea, the indictment, which included the two murder charges, was to be dismissed. The trial court sentenced Vargas to 31 years in state prison. In 2022, Vargas filed a petition for resentencing pursuant to section 1172.6. Counsel was appointed on his behalf. On July 21, 2023, the trial court summarily denied the petition, finding that Vargas was ineligible for resentencing as a matter of law because he was never charged with murder. The court stated: “The petitioner was charged by complaint with manslaughter. The petitioner was never charged with murder and took manslaughter as a plea bargain and he was never charged with any case that dealt with imputed malice, and he pled to the charge. . . . [P]etitioner could have never been convicted of murder or attempted murder, as he was never charged with murder or attempted murder, and he was only charged with manslaughter. It appeared the petitioner is not even eligible under the statute for relief . . . .” This appeal followed.