People v. Anderson CA4/1

Filed 12/11/23 P. v. Anderson CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D081411

Plaintiff and Respondent,

v. (Super. Ct. No. SCD284975)

MYLES DEANDRE ANDERSON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Jeffrey F. Fraser, Judge. Reversed. Pauline E. Villanueva, 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, A. Natasha Cortina, Lynne G. McGinnis and Christine Levinston Bergman, for Plaintiff and Respondent.

Defendant Myles Deandre Anderson appeals the denial of his petition

for resentencing under Penal Code section 1172.6.1 We conclude that the record of conviction does not refute Anderson’s prima facie case for relief as a matter of law. Accordingly, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

In 2020, Anderson pleaded guilty to attempted murder in violation of sections 664 and 187, subdivision (a). He admitted to personally using a firearm, within the meaning of section 12022.53, subdivision (b), and that the offense was committed for the benefit of a criminal street gang, within the meaning of section 186.22, subdivision (b)(1). Anderson’s change of plea form, phrased in statutory language, admitted that he “unlawfully attempted to murder a human being while personally using a firearm and in furtherance or for the benefit of a criminal street gang, to wit, Lincoln Park, a criminal street gang.” At his change of plea hearing, the court said: