People v. Cadena CA4/1

California Court of Appeal Sep 25, 2023 No. D081828Unpublished

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Holding. The court held that the defendant was ineligible for resentencing under Penal Code section 1172.6 because his specific, personal admissions during the plea colloquy established he was the actual perpetrator of the attempted murder.

Issues

Whether the trial court erred in denying a section 1172.6 petition at the prima facie stage without an evidentiary hearing.
Whether the defendant's guilty plea and factual admissions conclusively established his status as an actual perpetrator rather than an aider and abettor.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“These factual admissions conclusively establish that Cadena was convicted of the attempted murder as a direct perpetrator, rather than an aider and abettor under the natural and probable consequences doctrine.”

“the trial court correctly found that Cadena was ineligible for relief at the prima facie stage because the factual basis for his guilty plea conclusively establishes that he was convicted as the actual perpetrator of the attempted murder.”

Filed 9/25/23 P. v. Cadena CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081828

Plaintiff and Respondent,

v. (Super. Ct. No. SCS261991)

MANUEL HERYBERTO CADENA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Theodore M. Weathers, Judge. Affirmed. Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Collette C. Cavalier, Lynne G. McGinnis, and Ksenia Gracheva, Deputy Attorneys General, for Plaintiff and Respondent. Manuel Heryberto Cadena appeals from an order denying his petition for resentencing on a 2013 attempted murder conviction under Penal Code

section 1170.95 (now § 1172.6).1 We conclude the trial court correctly found that Cadena was ineligible for relief at the prima facie stage because the factual basis for his guilty plea conclusively establishes that he was convicted as the actual perpetrator of the attempted murder. Accordingly, we affirm the order. FACTUAL AND PROCEDURAL BACKGROUND The record of conviction does not include any of the underlying facts

because Cadena pled guilty before the preliminary hearing.2 In January 2013, Cadena was charged by amended complaint with five crimes allegedly committed on or about October 7, 2012. As relevant here, count one charged attempted murder of George M. (§§ 187, subd. (a), 664)), with allegations that Cadena personally used a firearm (§ 12022.5, subd. (a)) and personally inflicted great bodily injury (§ 12022.7, subd. (a)) in the commission of the attempted murder, and that the offense was willful, deliberate, and premeditated (§ 189). Count three charged shooting at an occupied motor vehicle (§ 246) with an allegation that Cadena personally inflicted great bodily injury (§ 12022.7, subd. (a)). The amended complaint charged three co-defendants with the same attempted murder of George M. in count one. It further alleged that one of

People v. Cadena CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D081828

MANUEL HERYBERTO CADENA,

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