People v. Carmona CA2/2

Filed 6/5/25 P. v. Carmona CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B336448

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA082473) v.

JERRY RAYMOND CARMONA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Hayden A. Zacky, Judge. Affirmed.

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, Jason Tran, Louis W. Karlin and Melanie Dorian, Deputy Attorneys General, for Plaintiff and Respondent.

Appellant and defendant Jerry Raymond Carmona (defendant) appeals from the denial of the petition for resentencing under Penal Code section 1172.6.1 He contends the trial court erred in denying his petition at the prima facie stage of the proceedings and in considering him ineligible as a matter of law based upon unrefuted preliminary hearing testimony. We find no error and affirm the order of denial.

BACKGROUND In 2015, defendant and codefendant Vincent Anthony Estrada were charged with murder (§ 187, subd. (a)) and attempted murder (§§ 187, subd. (a), 664), and a preliminary hearing was conducted in July and August 2015. Firearm enhancements were alleged as to both counts within the meaning of sections 12022.53, subdivisions (b), (c) and (d). The second amended information added a count (count 4) of voluntary manslaughter (§ 192, subd. (a)) and alleged defendant personally used a firearm in the commission of the offense within the meaning of section 12022.5, subdivision (a), and the crime was committed for the benefit of and in association with a criminal street gang.2 Defendant entered into a plea agreement the same day, pleading no contest to voluntary manslaughter and admitting the firearm and gang allegations in exchange for a 25- year prison sentence. The 25-year term was comprised of 11 years for manslaughter, plus four years for the firearm