People v. Bonilla CA2/2

Filed 1/22/25 P. v. Bonilla CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B336027

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA320049) v.

JOSEPH ARMANDO BONILLA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Ronald S. Coen, Judge. Reversed and remanded. Sydney Banach, 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, Noah P. Hill and Steven E. Mercer, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Joseph Armando Bonilla appeals from the denial of his petition for recall and resentencing pursuant to Penal Code section 1170, subdivision (d).1 Defendant contends the trial court erred in finding him ineligible under the statute. The People agree, as do we. We reverse the order of denial and remand for further proceedings.

BACKGROUND In 2007, defendant was convicted of first degree murder (Pen. Code, § 187, subd. (a)), with a true finding by the jury that defendant personally and intentionally discharged a firearm proximately causing the victim’s death (§ 12022.53, subd. (d)), that a principal personally and intentionally discharged a firearm proximately causing the victim’s death (§ 12022.53, subds. (d) & (e)(1)), and that the murder was gang-related (§ 186.22, subd. (b)(1)). Defendant was sentenced to an aggregate term of 50 years to life in prison. The judgment was affirmed on direct appeal in People v. Bonilla (Mar. 19, 2009, B205363) (nonpub. opn.). In August 2023, defendant filed a petition for recall and resentencing pursuant to section 1170, subdivision (d). Following a hearing on November 8, 2023, the trial court found defendant ineligible for relief under section 1170, subdivision (d)(1), and denied the petition. Defendant filed a timely notice of appeal from the order of denial.