People v. Domingo CA2/5

Filed 8/23/22 P. v. Domingo CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B311599

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA105356) v.

SULIETO GUITCHE DOMINGO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura L. Laesecke, Judge. Reversed and remanded with instructions. Jason Szydlik, 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, Senior Assistant Attorney General, Noah P. Hill and Steven D. Matthews, Supervising Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

Defendant and appellant Sulieto Domingo appeals from the trial court’s denial of his petition for a writ of habeas corpus pursuant to Penal Code section 1473.71 that requested the court vacate his prior conviction. He contends the court erred in failing to hold a hearing on his request at which he was personally present. We reverse.

II. PROCEDURAL BACKGROUND2

On August 13, 2018, defendant pleaded no contest to assault with a semiautomatic firearm (§ 245, subd. (b)) and admitted a gang allegation (§ 186.22, subd. (b)(1)(B)). The trial court sentenced defendant to 11 years in state prison. On February 25, 2021, defendant filed a petition for a writ of habeas corpus pursuant to section 1473.7 asking the trial court to vacate his conviction. On March 2, 2021, the court denied defendant’s petition without a hearing, defendant’s presence, or the appointment of counsel.