People v. Espinoza CA4/1

Filed 12/31/25 P. v. Espinoza CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084900

Plaintiff and Respondent, (Super. Ct. No. SCN387929) v.

LUIS E. ESPINOZA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Robert J. Kearney, Judge. Reversed and remanded with directions.

Jennifer Gambale, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Arlene Sevidal, Seth Friedman, Andrew Mestman, and James M. Toohey, Deputy Attorneys General, for Plaintiff and Respondent.

MEMORANDUM OPINION Luis E. Espinoza appeals from the trial court’s denial of his Penal Code1 section 1172.6 resentencing petition regarding his attempted murder conviction. He contends his guilty plea did not conclusively establish his ineligibility for resentencing as a matter of law and the court improperly engaged in factfinding to determine his eligibility for relief. The People argue Espinoza’s factual admissions establish he pleaded guilty as a direct aider and abettor to attempted murder, a still valid theory of liability.2 We conclude the court erred in denying the petition at the prima facie stage without issuing an order to show cause. We resolve this case by memorandum opinion and reverse and remand with directions. (Cal. Stds. Jud. Admin., § 8.1; People v. Garcia (2002) 97 Cal.App.4th 847, 851–854.) BACKGROUND In December 2018, Espinoza pleaded guilty to one count each of attempted murder (§§ 664 & 187, subd. (a); count 1) and assault by means likely to produce great bodily injury (§ 245, subd. (a)(4); count 7). He admitted committing both offenses for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). He also admitted a prior strike and a prior serious felony. The court imposed an aggregate prison term of 32 years.