People v. Galayan CA2/8

Filed 1/26/26 P. v. Galayan CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B349260

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA371650-01) v.

GENNADIY GALAYAN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Craig Richman, Judge. Affirmed.

Allen G. Weinberg, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_______________________

Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216, we review an order denying Gennadiy Galayan’s petition for resentencing under Penal Code1 section 1172.6. We affirm. BACKGROUND On April 9, 2014, a jury found Galayan guilty of one count of attempted murder and other charges not relevant here. The jury found true an allegation that during the commission of the offense he personally and intentionally discharged a firearm, which caused great bodily injury within the meaning of section 12022.53, subdivision (d). We affirmed the judgment with sentence modifications. (People v. Galayan (May 19, 2016, B258290) [nonpub. opn.].) On April 29, 2022, Galayan filed a petition for resentencing on his attempted murder conviction. The trial court denied the petition. On August 12, 2024, we reversed the denial of the resentencing petition and remanded the matter to the trial court because “the record is devoid of any evidence whatsoever. It appears to us that the People and both counsel simply looked at and relied on the facts found by the jury as set out in our prior opinion affirming Galayan’s convictions.” (People v. Galayan (Aug. 12, 2024, B336458 [nonpub. opn].) On remand, the People filed a supplemental response to the resentencing petition, attaching the verdicts and jury instructions from the trial. On August 11, 2025, the trial court found Galayan had failed to make a prima facie showing that he was eligible for relief because he was convicted as the actual shooter based on the jury instructions and the verdicts.