People v. Orozco CA2/5

Filed 12/18/23 P. v. Orozco CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B327113

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA114974-01) v.

BRYAN OROZCO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Victor D. Martinez, Judge. Reversed and remanded with directions. Nicholas Seymour, 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, Wyatt E. Bloomfield and Lindsay Boyd, Deputy Attorneys General, for Plaintiff and Respondent.

Brian Orozco appeals the trial court’s order denying his petition for vacatur of his attempted murder conviction and resentencing under Penal Code section 1172.6.1 Orozco pleaded no contest to attempted murder and admitted the allegation that he used a firearm in the commission of the crime pursuant to section 12022.53, subdivision (b). The trial court found that Orozco failed to make a prima facie showing that he was eligible for relief. On appeal, Orozco argues, and the People concede, that Orozco is prima facie eligible for relief and entitled to an evidentiary hearing under section 1172.6, subdivision (d)(3). We accept the People’s concession. We reverse the trial court’s order and remand the matter to the trial court to issue an order to show cause and conduct an evidentiary hearing pursuant to section 1172.6, subdivision (d)(3).