People v. Sandoval CA3

Filed 2/13/25 P. v. Sandoval CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C098759

v. (Super. Ct. No. 11F00158)

JAMIE CHARLES SANDOVAL,

Defendant and Appellant.

Defendant Jamie Charles Sandoval appeals from the trial court’s denial of his Penal Code section 1170.95 (now section 1172.6)1 petition for resentencing. He contends the trial court engaged in impermissible fact finding at the prima facie stage. The People agree. We agree with the parties and will reverse the order denying defendant’s petition for resentencing and remand the matter to the trial court for an evidentiary hearing.

1 Undesignated statutory references are to the Penal Code. Defendant filed his petition under former section 1170.95. Effective June 30, 2022, the Legislature renumbered section 1170.95 as section 1172.6 with no change in the text. (Stats. 2022, ch. 58, § 10.) We will refer to the current section number.

1

BACKGROUND To place defendant’s petition in context, we provide certain underlying facts set forth in the preliminary hearing transcript that was attached to defendant’s petition. Our decision does not rely on those facts. In 2010, Danny and Brian Fountain lived at a house in the Meadowview neighborhood of Sacramento.2 Danny sold methamphetamine out of a shed in the backyard. Scott Hansen also stayed at the house. Defendant used methamphetamine and knew Danny. Toward the end of the year, Danny accused defendant’s girlfriend of stealing from him. On December 31, defendant met with Bryan Smith, Joseph Conn, and Arsenio Barajas to plan a robbery of money or drugs from a safe that was in the shed in the backyard of the Meadowview house. The plan was for defendant to drive Smith, Conn, and Barajas to the house, drop them off, and then drive to a nearby school where they would meet him after committing the robbery. The plan also called for Smith, Conn, and Barajas to wear face coverings and carry weapons because defendant anticipated they would encounter resistance. Smith had a pickax handle, and Barajas had a piece of wood that could be used as a club. Conn had a pair of bolt cutters and carried a backpack containing tools for opening the safe. At around midnight, defendant dropped his associates off as planned. Conn and Smith went into the backyard through a side gate. Barajas stayed behind and stood guard near the garage. When dogs at the house alerted the occupants to the intruders’ presence, Hansen went outside to investigate. Conn hit him on the head with the bolt cutters, knocking him to the ground. Brian then came out of the house with a golf club. Brian and Smith swung their respective weapons at each other, while Danny ran out of the