People v. Casillas CA5

Filed 6/13/22 P. v. Casillas 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082848 Plaintiff and Respondent, (Super. Ct. No. BF119960D) v.

RIGOBERTO VARGAS CASILLAS, OPINION Defendant and Appellant.

THE COURT * APPEAL from an order of the Superior Court of Kern County. Michael G. Bush, Judge. Rebecca P. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Nikta Allami, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Franson, J. and Peña, J.

Appellant Rigoberto Vargas Casillas appeals following the denial of his petition for resentencing under the then applicable statute, Penal Code1 former section 1170.95 (Stats. 2018, ch. 1015, § 4). Appellant contends the trial court erred in denying his petition, claiming both the evidence failed to support the court’s findings and that the court improperly relied on hearsay in its analysis. The People, noting that recent amendments to section 1170.95 affect the trial court’s authority to rely on hearsay, agree that a remand is required. Upon review, we accept the parties’ positions and therefore vacate the trial court’s order and remand for further proceedings. FACTUAL AND PROCEDURAL BACKGROUND On November 1, 2007, an amended complaint was filed against appellant, Juan Dejesus Burboa, Augustina Asencion Burboa, and Carlos Chavez alleging a single charge of murder, committed in the course of a robbery. Juan Dejesus Burboa alone faced additional allegations of being a principal in the murder armed with a firearm and personally discharging a firearm. On December 28, 2007, appellant pleaded no contest to one count of murder as charged in an information filed on November 14, 2007; all enhancements and allegations were dismissed, and appellant was eventually sentenced to a term of imprisonment of 25 years to life. On June 18, 2020, appellant petitioned for resentencing under former section 1170.95. Although never formally determining appellant had made a prima facie showing of eligibility, the trial court ordered briefing and held a show cause hearing at which the People acknowledged their obligation to prove appellant was ineligible for resentencing. The People sought to do so by relying upon the preliminary hearing transcript and the court’s file, which contained various law enforcement reports. Over appellant’s objections that the reports contained inadmissible hearsay, the trial court determined it could rely on their contents because the plea agreement had stipulated that