People v. Vieras CA2/8

Filed 6/4/25 P. v. Vieras CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B336875

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA290655 v.

MARCOS ALFONSO VIERAS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Deborah S. Brazil, Judge. Affirmed and remanded with instructions. 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, Assistant Attorney General, Scott A. Taryle and Viet H. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

Marcos Vieras appeals the trial court’s denial of his section 1172.6 petition for resentencing. During briefing in this case, the Supreme Court issued its opinion in People v. Patton (2025) 17 Cal.5th 549 (Patton). In light of Patton, we remand and instruct the trial court to consider an amended petition if Vieras files one within 30 days of the remand. Statutory citations are to the Penal Code. We take our factual account of the crime from the testimony during the preliminary hearing. In the very early morning hours, Vieras and another man approached a warehouse where an album release party was happening. The security guard saw the two men fiddling with their waist bands and believed they had guns. He told them they could not bring the guns inside and suggested they leave the guns in their car. The men agreed. As they returned to their car, a marked Los Angeles Sheriff’s Department car drove past. The officers made eye contact with the two men. Officer Elizabeth Aguilera, who was driving the car, turned the car around to go back to the men. Aguilera and her partner Officer Jose Mendoza got out of the car and saw Vieras holding a gun. Both officers ordered Vieras to stop and drop the gun. Vieras and the other man took off running in different directions. Mendoza ran after Vieras while Officer Elizabeth Aguilera followed in the car. Mendoza followed Vieras as he turned down different streets. Vieras then turned and fired at Mendoza. Mendoza fired back, emptying his magazine. As he did so, Mendoza tripped and fell to the ground, then crawled behind a car.