People v. Carranco CA3

Filed 4/25/25 P. v. Carranco CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C101296

Plaintiff and Respondent, (Super. Ct. No. 09F09096)

v.

JUAN CARLOS CARRANCO, JR.,

Defendant and Appellant.

In two separate trials in 2011 a jury found defendant Juan Carlos Carranco, Jr., guilty of second degree murder, attempted murder, shooting an occupied vehicle, shooting at an inhabited house, and evading a peace officer. The trial court sentenced defendant to 70 years to life in prison plus 13 years. In 2022, defendant filed a petition under Penal Code1 section 1172.6.2 On appeal, defendant argues the trial court erred in

1 Undesignated statutory references are to the Penal Code. 2 Defendant’s petition was filed under former section 1170.95. Effective June 30, 2022, the Legislature renumbered section 1170.95 to section 1172.6 without substantive change. (Stats. 2022, ch. 58, § 10.) In this opinion, we cite to the current section 1172.6.

1

denying his petition on the attempted murder charge because he presented a prima facie case for relief and the trial court engaged in improper factfinding in denying his petition. We affirm. FACTUAL AND PROCEDURAL BACKGROUND As relevant here, defendant was charged with murder, attempted murder, shooting at an occupied vehicle, shooting at an inhabited house, and evading a peace officer with willful disregard for public safety. As to the murder charge, the information alleged defendant personally used and discharged a firearm causing great bodily injury or death to Carlos Cervantes. As to the attempted murder charge, the information further alleged defendant and codefendant Christopher Leong were principals in the offense and at least one principal intentionally discharged a firearm during the commission of the offense. As to the murder, attempted murder, shooting at an occupied vehicle, and shooting at an inhabited dwelling charges, the information alleged the offenses were committed for the benefit of a criminal street gang. The trial court severed the murder charge for purposes of trial. We summarize the details relevant to the attempted murder charge from our prior opinion. (People v. Carranco (Oct. 14, 2014, C069105) [nonpub. opn.] (Carranco).)3 On December 9, 2009, the victim was walking to his car around midnight when he saw a white car containing several men drive by slowly. The man in the front passenger seat was hanging out of the window looking around. After the victim got into his car to leave, the white car turned around and the man seated in the front passenger seat began shooting. The victim sped away from the scene into a parking lot, jumped out of his car, and ran back to his friend’s apartment. Bullets struck the victim’s car.