People v. Alazar CA2/6

Filed 10/3/25 P. v. Alazar CA2/6 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B331710 (Super. Ct. No. PA062836) Plaintiff and Respondent, (Los Angeles County)

v. OPINION ON TRANSFER FROM THE SUPREME JUAN ALAZAR, COURT

Defendant and Appellant.

In 2009, Juan Alazar pleaded no contest to attempted murder (Pen. Code,1 §§ 664, 187, subd. (a)) and admitted he personally and intentionally discharged a firearm (§ 12022.53, subd. (c)). In 2022, he petitioned for resentencing pursuant to section 1172.6. He appeals from the trial court’s order summarily denying his petition. On October 21, 2024, we issued a published opinion that reversed the summary denial of the section 1172.6 petition and remanded with directions to issue an order to show cause and

1 Statutory references are to the Penal Code.

hold an evidentiary hearing to determine whether to vacate the attempted murder conviction. Presiding Justice Arthur Gilbert dissented. (People v. Alazar (2024) 105 Cal.App.5th 1100.) Our Supreme Court granted review (S287917) and later transferred the case back to us with directions to vacate our decision and reconsider in light of People v. Patton (2025) 17 Cal.5th 549 (Patton). Alazar concedes that Patton mandates we affirm the trial court’s denial of the petition. Accordingly, we vacate our earlier opinion and affirm the trial court’s order. FACTUAL AND PROCEDURAL HISTORY Background In 2008, prosecutors charged Alazar with attempted murder (§§ 664, 187, subd. (a)), assault with a firearm (§ 245, subd. (a)(2)), and possession of a firearm by a felon (former § 12021, subd. (a)(1)). They also alleged that the attempted murder was committed willfully, deliberately, and with premeditation (§ 664, subd. (a)); that Alazar personally and intentionally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)), personally and intentionally discharged a firearm (id., subd. (c)), and personally used a firearm (id., subd. (b)) when he committed attempted murder; and that he personally used a firearm (§ 12022.5) when committing assault with a firearm. No codefendants were charged alongside Alazar in the complaint. At a preliminary hearing, Sandra Padilla testified that Alazar rented a room in her residence in April 2008. She asked him to move out two weeks later due to his drug use, smoking, and excessive noise. Alazar did so and apologized for any problems he had caused. Alazar returned to Padilla’s house the next month and