People v. Caraveo CA2/1

Filed 6/30/22 P. v. Caraveo CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B311206

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA022377)

v.

LEO CARAVEO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lynne M. Hobbs, Judge. Remanded with instructions. Brad Kaiserman, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Daniel C. Chang and Amanda V. Lopez, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Leo Caraveo challenges the trial court’s denial of his petition under Penal Code section 1170.951 for resentencing on his murder conviction. He contends that the trial court erred by denying his petition at the prima facie stage on the basis of facts derived from his preliminary hearing transcript and the Court of Appeal opinion in his co-defendant’s appeal. We agree and remand to the trial court for further proceedings.

FACTS AND PROCEEDINGS BELOW In 1991, Caraveo pleaded guilty to one count of second degree murder (§ 187, subd. (a)) and admitted that he was armed with a firearm in the commission of the offense (§ 12022, subd. (a)(1).) The trial court sentenced him to 16 years to life in prison. In 2018, the Legislature enacted Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill No. 1437), which abolished the natural and probable consequences doctrine in cases of murder and limited the application of the felony murder doctrine. (See People v. Gentile (2020) 10 Cal.5th 830, 842–843 (Gentile).) The legislation also enacted section 1170.95, which established a procedure for vacating murder convictions for defendants who could no longer be convicted of murder because of the changes in the law and resentencing those who were so convicted. (Stats. 2018, ch. 1015, § 4, pp. 6675–6677.) Caraveo filed a petition for resentencing under section 1170.95 on January 14, 2019. The prosecution filed an opposition arguing that Caraveo was ineligible for resentencing