People v. Sepulveda CA2/4

Filed 4/18/25 P. v. Sepulveda CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B336784 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. VA104271)

v.

JUAN ANTONIO SEPULVEDA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Joseph R. Porras, Judge. Reversed and Remanded. Juliana Drous, 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, Kenneth C. Byrne, Supervising Deputy Attorney General, and Allison H. Chung, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION Appellant Juan Antonio Sepulveda (Sepulveda) petitioned the trial court for resentencing under Penal Code section 1172.6.1 The court summarily denied his petition without appointing counsel. We reverse and remand with directions to appoint counsel and conduct the prima facie inquiry required by section 1172.6, subdivision (c).

FACTUAL AND PROCEDURAL BACKGROUND We draw some of the facts here from the opinion on Sepulveda’s direct appeal from his conviction, issued by a prior panel of this court in 2010. (People v. Sepulveda (May 26, 2010, B215316) [nonpub. opn.].) Sepulveda and Rosemary Arellanes (Arellanes) had an “off and on” romantic relationship beginning in 2004, and were the parents of a child. (People v. Sepulveda, supra, B215316, at p. 1.) Arellanes also developed a relationship with her coworker, Alberto Garcia (Garcia). (Ibid.) During the month of November 2007, Sepulveda threatened both Garcia and Arellanes multiple times, said if he saw Arellanes with any other man he would kill them both, and gave Arellanes a black eye. (Ibid.) At 2:00 a.m. on the morning of December 3, 2007, Arellanes got off her work shift; Garcia drove her home, then returned to finish his own shift. (People v. Sepulveda, supra, B215316, at p. 1.) At 2:46 a.m., Sepulveda called Arellanes, demanding to know where she was and accusing her of accepting a ride from Garcia. (Ibid.) At 2:58 a.m., Garcia was found dead in his car from gunshot wounds. (Id. at p. 2.)