People v. Carbajal CA2/5

Filed 10/15/25 P. v. Carbajal CA2/5 Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B329953

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA056927) v.

ALBERTO HERNANDEZ CARBAJAL,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, John J. Lonergan, Jr., Judge. Affirmed and remanded with directions. Jonathan E. Demson; California Appellate Project, Jennifer Peabody, 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, Senior Assistant Attorney General, Stephanie C. Brenan, and Gabriel Bradley, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

Defendant Alberto Hernandez Carbajal appeals from an order denying his petition for resentencing pursuant to Penal Code section 1172.6,1 arguing that the trial court improperly relied upon the preliminary hearing transcript in finding him ineligible for resentencing as a matter of law. We affirm and remand with directions.

II. BACKGROUND

A. Underlying Conviction

On October 3, 2002, the Los Angeles County District Attorney (District Attorney) filed an information charging defendant with murdering Onell Padilla (§ 187, subd. (a); count 1). The District Attorney also alleged that defendant personally and intentionally discharged a firearm which caused great bodily injury or death (§ 12022.53, subd. (d)). On January 14, 2003, at a change of plea hearing, defendant pleaded guilty to second degree murder, and the District Attorney moved to dismiss the firearm enhancement. The trial court sentenced defendant to 15 years to life in prison.