People v. Gredvig CA5

Filed 2/14/23 P. v. Gredvig 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F084068 Plaintiff and Respondent, (Super. Ct. No. CRF36461) v.

TRAVIS JAMES GREDVIG, OPINION Defendant and Appellant.

THE COURT * APPEAL from an order of the Superior Court of Tuolumne County. Kevin M. Seibert, Judge. Jean M. Marinovich, 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, Louis M. Vasquez, Amanda D. Cary, and Joseph Penney, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

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

Defendant Travis James Gredvig challenges the trial court’s denial of his petition for resentencing pursuant to Penal Code1 section 1172.6.2 Our review of the record reveals the trial court failed to consider the petition as contemplated by the statute. As a result, the order denying the petition is reversed and this matter is remanded so that the trial court can consider whether defendant’s petition for resentencing has stated a prima facie case requiring the issuance of an order to show cause. BACKGROUND Defendant was charged with participating in a violent attack on a couple in their home in August 2011. After the information was filed charging defendant and a codefendant with nine counts related to this attack and its aftermath, defendant pled guilty to the following: two counts of second degree attempted murder (§§ 664/187, subd. (a); counts 1 & 2), two counts of residential robbery (§ 211; counts 3 & 4), three counts of grand theft of firearms (§ 487, subd. (d); counts 5–7), and two counts of assault with a deadly weapon (§ 245, subd. (a)(1); counts 8 & 9).3 With respect to the two second degree attempted murder counts, defendant also admitted causing great bodily injury (§ 12022.7, subds. (a) & (b)), and using a knife (§ 12022, subd. (b)(1)). In May 2012, defendant received a sentence of 20 years for these guilty pleas. 4 On November 29, 2021, defendant filed a petition for resentencing under section 1172.6. In his petition, defendant alleged he had been originally charged with felony murder that could have resulted in convictions for attempted murder or