People v. Larios CA2/2

Filed 12/15/22 P. v. Larios CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B319431

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA087019) v.

GEOVANNY GERARDO CARDONA LARIOS,

Defendant and Appellant.

THE COURT: Geovanny Gerardo Cardona Larios (defendant) appeals from the order summarily denying his petition for resentencing under Penal Code1 section 1172.6 (former section 1170.95).2

1 All further statutory references are to the Penal Code unless otherwise indicated.

In July 2012, defendant fired several shots from a shotgun loaded with bird shot at several people outside an apartment building. Four people were wounded, two of whom were taken to the hospital. Defendant was charged with four counts of attempted murder (§§ 664/187, subd. (a)), four counts of assault with a firearm (§ 245, subd. (a)(2)), and two counts of shooting at an inhabited building (§ 246). It was further alleged that defendant personally used a firearm (§ 12022.53, subds. (b), (c), & (d)), and that he personally inflicted great bodily injuries (§ 12022.7, subd. (a)). Defendant agreed to plead nolo contendere to one count of assault with a firearm and admit that he had personally used a firearm, and had inflicted a great bodily injury, in exchange for a sentence of 16 years in prison. All of the original charges were then dismissed. On March 3, 2022, defendant filed, in propria persona, a petition for resentencing pursuant to section 1172.6. On March 9, 2022, the trial court found that the petition appeared to be facially valid because defendant alleged he was “convicted of murder, attempted murder, or manslaughter following a trial or [he] accepted a plea offer in lieu of a trial at which [he] could have been convicted of murder or attempted murder” and then “declared under penalty of perjury” that the foregoing allegation was true. Nevertheless, the trial court summarily denied defendant’s petition because the record