People v. Vasquez CA5

Filed 11/14/25 P. v. Vasquez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F089389 Plaintiff and Respondent, (Super. Ct. No. PCF372625B) v.

LEONEL VASQUEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from orders of the Superior Court of Tulare County. Juliet L. Boccone, Judge. Nancy Gaynor, under appointment by the Court of Appeal, for Defendant and Appellant.

* Before Detjen, Acting P. J., Peña, J. and Fain, J.† † Judge of the Fresno Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Barton Bowers and Cameron M. Goodman, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- Petitioner Leonel Vasquez pleaded nolo contendere to one count of nonpremeditated attempted felony murder in August 2019, as well as certain special allegations, and was sentenced to 10 years in prison pursuant to a plea deal. In 2024, petitioner filed a petition for resentencing pursuant to Penal Code section 1172.6,1 which allows for retroactive relief after statutory changes to the felony-murder rule, as well as a motion to vacate his conviction or sentence pursuant to section 1473.7. The trial court denied these motions summarily in two orders filed on January 7, 2025, which stated only “DENIED” and “DENIED, NOT APPLICABLE.” Petitioner argues the trial court erred by failing to hold a hearing as to whether he has stated a prima facie case for relief or even appoint counsel for him. The People concede error. We agree, and reverse. Section 1172.6 states that a person seeking to avail themselves of the ameliorative changes to the felony-murder laws which went into effect in 2019 must submit a petition which contains the following: (1) a declaration that a charging document was filed against the petitioner allowing the prosecution to proceed under a theory of felony murder,2 that the petitioner was either convicted of that crime or accepted a plea deal in lieu of a trial at which he could have been convicted under that theory, and that the petitioner could not presently be convicted of murder or attempted murder under California law; (2) the superior court case number and year of conviction; and