People v. Morales CA4/1

Filed 5/22/25 P. v. Morales CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083620

Plaintiff and Respondent,

v. (Super. Ct. No. SCS284275)

ADAN RIVERA MORALES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Garry G. Haehnle, Judge. Reversed and remanded with instructions. Adan Rivera Morales, in pro. per.; and Joshua L. Siegel, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Daniel Rogers and Elizabeth M. Kuchar, Deputy Attorneys General, for Plaintiff and Respondent. Adan Rivera Morales pled guilty to the attempted murder of Juan D. (Pen. Code, §§ 187, subd. (a), 664) and admitted he inflicted great bodily

harm during the attack (§ 12022.7, subd. (a)). In accordance with that plea, the trial court sentenced Morales to a stipulated term of 27 years in prison. Morales later filed a form petition for resentencing under what is now section 1172.6. After appointing Morales counsel, the court denied his petition without holding an evidentiary hearing, citing the failure to state a prima facie case for relief. On appeal, Morales contends the trial court erred when it found him ineligible for relief as a matter of law. He asserts the record of conviction reviewable at the prima facie stage does not reflect specific factual admissions regarding malice. Absent those admissions, he argues, the record does not bar the possibility that he was convicted under a natural and probable consequences theory, so he is entitled to an evidentiary hearing on his resentencing petition. We agree; thus, we reverse and remand with instructions. I. The information charged Morales alone with two counts, one for “unlawfully attempt[ing] to murder Juan” and one for “unlawfully commit[ting] an assault upon Juan . . . by means of force likely to produce great bodily injury.” For each count, the information alleged Morales “personally inflicted great bodily injury upon Juan” in the commission of the offense under sections 12022.7(a) and 1192.7(c)(8). Morales pled guilty to attempted murder with the section 12022.7(a) enhancement. In his plea agreement, Morales admitted he “attempted to murder Juan . . . and inflicted great bodily injury during the attack.” During his plea colloquy, Morales pled guilty to attempted murder and admitted that, during the course of that attempted murder, he personally inflicted great bodily injury on Juan “during the course of that attack on him.”