People v. Colin CA2/5

Filed 3/12/25 P. v. Colin CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B334958

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA117848) v.

ANGEL COLIN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Debra Cole-Hall, Judge. Affirmed and remanded with directions. 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, Senior Assistant Attorney General, Steven D. Matthews, Supervising

Deputy Attorney General, and Rama R. Maline, Deputy Attorney General for Plaintiff and Respondent. __________________________

In 2012, Angel Colin pleaded no contest to one count of attempted murder. (Pen. Code,1 §§ 187, subd. (a) & 664.) Colin admitted that he personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)) and that he committed the crime for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). The trial court sentenced Colin to 22 years in prison. In 2022, Colin filed a petition for resentencing pursuant to section 1172.6. The trial court found Colin failed to demonstrate that he was prima facie eligible for relief. On appeal, Colin contends that the trial court erred, in violation of his constitutional rights by denying his petition based on uncontroverted evidence presented at the preliminary hearing showing he was the actual perpetrator of the attempted murder. We affirm the trial court’s order, but remand the matter to the trial court with directions to consider an amended petition should Colin seek to file one within 30 days of the issuance of the remittitur.