People v. Dominguez CA4/1

Filed 1/16/25 P. v. Dominguez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083247

Plaintiff and Respondent,

v. (Super. Ct. No. SCN382527)

HENRY CURTIS DOMINGUEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Sim von Kalinowski, Judge. Affirmed. Cindy Brines, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Christopher P. Beesley, and Michael D. Butera, Deputy Attorneys General, for Plaintiff and Respondent.

Henry Curtis Dominguez appeals the denial of his petition for

resentencing under Penal Code1 section 1172.6. We conclude that the record of conviction conclusively establishes his ineligibility for relief. Accordingly, we affirm. FACTUAL AND PROCEDURAL BACKGROUND In 2018, Dominguez pled guilty to attempted murder (§§ 664 & 187, subd. (a)). He also admitted to personally using a firearm (§ 12022.53, subd. (b)) and inflicting great bodily injury (§ 1192.7, subd. (c)(8)). Dominguez admitted in his change of plea form that he “unlawfully attempted to murder [V.B.]” and that he “personally and intentionally used a firearm in the attempted commission of the above offense (to wit, a revolver) and personally inflicted great bodily injury[.]” At his change of plea hearing, the court said: “[T]he change of plea form says as follows: That you unlawfully attempted to murder [V.B.], . . . a human being. And you admit personally intentionally using a firearm in the attempted commission of the above offense; to wit, a revolver, and you personally inflicted great bodily injury on the victim. Is that what happened?” Dominguez answered, “Yes, your honor.” The court sentenced him to 19 years in prison. In 2022, Dominguez filed a form petition for resentencing under section 1172.6, which provides procedures for a person convicted of attempted murder under the natural and probable consequences doctrine to ask for their conviction to be vacated. (See § 1172.6, subd. (a); People v. Lewis (2021) 11 Cal.5th 952, 959–960 (Lewis).) After considering the parties’ briefs and holding a hearing on whether Dominguez had made a prima facie case for relief, the trial court denied Dominguez’s petition, ruling that it was