People v. Alvidrez CA4/3

Filed 7/15/25 P. v. Alvidrez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G063378

v. (Super. Ct. No. 09CF2870)

MIGUEL ANGEL ALVIDREZ, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Steven D. Bromberg, Judge. Reversed and remanded. Shay Dinata-Hanson, 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, Collette C. Cavalier and Lynne G. McGinnis, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Miguel Angel Alvidrez pleaded guilty in 2011 to aiding and abetting attempted murder, second degree robbery, and other felonies. In 2023, he brought a petition under Penal Code section 1172.61 for resentencing on the attempted murder conviction. The trial court concluded Alvidrez was statutorily ineligible for relief and denied his petition at the prima facie stage. We conclude the trial court erred by denying Alvidrez’s petition at the prima facie stage and therefore reverse and remand.

BACKGROUND I. INFORMATION AND GUILTY PLEA Alvidrez was charged by information with one count of attempted murder (count 1; §§ 664, subd. (a), 187, subd. (a)); three counts of second degree robbery (counts 2, 3, & 4; §§ 211, 212.5, subd. (c)); two counts of assault with a firearm (counts 5 & 6; § 245, subd. (a)(2)); one count of aggravated assault (count 7; § 245, subd. (a)(1)); one count of dissuading a witness from reporting a crime (count 8; § 136.1, subd. (b)(1)); two counts of possession of a firearm by a misdemeanant (counts 9 & 12; § 12021, subd. (c)(1)); two counts of street terrorism (counts 10 & 13; § 186.22, subd. (a)); one count of concealing evidence for gang-related purposes (count 11; §§ 135, 186.22, subd. (d)); and one count of making criminal threats (count 14; § 422). As to count 1, it was alleged that the attempted murder was committed willfully, deliberately, and with premeditation (§ 664, subd. (a)). As to counts 1 through 9, 12, and 14, it was alleged that Alvidrez committed the crimes for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). As to counts 1 through 4, it was alleged that Alvidrez vicariously used a firearm