People v. Maldonado CA2/5

Filed 7/14/23 P. v. Maldonado CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B320031

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA069639) v.

JUAN PABLO MALDONADO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Hector M. Guzman, Judge. Reversed and remanded with directions. Jonathan E. Demson, 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, Daniel C. Chang and Nicholas J. Webster, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

Defendant Juan Pablo Maldonado appeals from the trial court’s order denying his Penal Code section 1172.61 (former section 1170.952) petition for resentencing on two voluntary manslaughter convictions. We reverse.

II. BACKGROUND

The following background is taken from our prior opinion in this case: “In October 2007, defendant was charged with several offenses including two counts of murder (§ 187, subd. (a)) arising from a robbery during which two people were killed.[Fn. omitted.] Pursuant to a plea agreement, the murder charges were dismissed and defendant pleaded guilty to, among other charges, two counts of voluntary manslaughter. (§ 192, subd. (a).) In June 2014, the trial court sentenced defendant to 25 years, eight months in state prison.” (People v. Maldonado (Sept. 23, 2020, B301054) [nonpub. opn.] (Maldonado I).) In February 2019, defendant filed a section 1172.6 petition seeking resentencing on his voluntary manslaughter convictions. The trial court denied the petition and defendant appealed. We affirmed the court’s order because section 1172.6 did not apply to