People v. Partida CA2/2

Filed 8/3/23 P. v. Partida CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B321439

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA043905) v.

DANIEL PARTIDA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Shelly B. Torrealba, Judge. Reversed and remanded.

Janyce Keiko Imata Blair, 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, Kenneth C. Byrne, Supervising Deputy Attorney General, and Blake Armstrong, Deputy Attorney General, for Plaintiff and Respondent.

****** Daniel Partida (defendant) appeals the summary denial of his petition for resentencing under Penal Code section 1172.6 (former section 1170.95).1 We conclude that the trial court erred, and remand this case for an evidentiary hearing. FACTS AND PROCEDURAL BACKGROUND I. Facts A. Underlying crime In January 1991, the 39th Street gang and the Street Saints gang were rivals. Defendant was a member of the Street Saints gang. One night in January 1991, defendant drove two other members of the Street Saints gang into territory claimed by the 39th Street gang, and one of defendant’s passengers opened fire on a group of men standing on a street corner. The shooter hit one of the men in the back of the head, killing him.

1 All further statutory references are to the Penal Code unless otherwise indicated. Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10). For the sake of simplicity, we will refer to the section by its new numbering only.