People v. Estrada CA3

Filed 12/23/25 P. v. Estrada CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(San Joaquin) ----

THE PEOPLE, C102227

Plaintiff and Respondent, (Super. Ct. No. STK-CR-FE- 2013-0005846) v.

ANDREW ESTRADA,

Defendant and Appellant.

Defendant Andrew Estrada appeals the trial court’s denial of his resentencing petition under Penal Code section 1172.61 for failure to state a prima facie case. Because the record of conviction before us does not conclusively establish that defendant is ineligible for resentencing as a matter of law, we reverse and remand the matter for an evidentiary hearing.

1 Undesignated statutory references are to the Penal Code. Effective June 30, 2022, the Legislature renumbered former section 1170.95 as section 1172.6 without substantive changes. (Stats. 2022, ch. 58, § 10.) We cite to section 1172.6 throughout this opinion.

1

FACTUAL AND PROCEDURAL BACKGROUND In March 2013, defendant was charged with murder (§ 187, subd. (a); count 1), possession of a firearm by a felon (§ 29800, subd. (a)(1); count 2), and short-barreled shotgun or rifle activity (§ 33215; count 3). As to the murder count, it was further alleged that defendant discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)) and personally used a firearm (§ 12022.5, subd. (a)). In September 2014, the information was amended to (1) charge defendant with voluntary manslaughter (§ 192, subd. (a)) instead of murder in count 1, and (2) add two counts of assault with a deadly weapon (§ 245; counts 4 & 5). As to count 1, an enhancement was added alleging defendant discharged a firearm from a vehicle causing great bodily injury or death. (§ 12022.55.) That same day, defendant pled guilty to all counts and admitted the section 12022.5 and 12022.55 enhancements. Defendant’s counsel stipulated there was a factual basis based on the grand jury transcript. The record on appeal does not include a copy of the grand jury transcript. As part of his plea, defendant agreed to an aggregate prison sentence of 34 years four months; the trial court sentenced him accordingly in November 2014. In August 2023, defendant filed a form petition for resentencing under section 1172.6. The trial court subsequently appointed counsel. In its May 2024 “informal response” to defendant’s petition, the prosecution argued defendant’s crime was a “planned and intentional shooting” resulting in the victim’s death. Based on the grand jury transcript, the prosecution provided a detailed account of the shooting incident. The prosecution argued that defendant was the only person charged with the crimes, and he was not entitled to relief because he was the “actual and sole killer.” The prosecution attached a copy of the indictment and asked the court to take judicial notice of the grand jury transcript.