People v. Arias CA2/5

Filed 4/10/25 P. v. Arias CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B332935

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA017836) v.

BULMARO MAGANA ARIAS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura L. Laesecke, 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, Scott A. Tarlyle, Supervising Deputy Attorney General, and Daniel C. Chang, Deputy Attorney General, for Plaintiff and Respondent.

****** Bulmaro Magana Arias (defendant) appeals the trial court’s order summarily denying his petition for resentencing under Penal Code1 section 1172.6.2 Defendant claims that the trial court erred in considering the facts from his preliminary hearing transcript in denying the petition at the prima facie stage. Under our Supreme Court’s recent decision in People v. Patton (2025) 17 Cal.5th 549 (Patton), the trial court did not err in summarily denying his petition, but we remand to give defendant the opportunity to amend his petition with specific facts. FACTS AND PROCEDURAL BACKGROUND I. Facts A. The underlying crime3 On October 26, 1993, defendant entered a residence in Long Beach carrying a .9 millimeter handgun. Defendant asked