People v. Hernandez CA2/5

Filed 1/31/24 P. v. Hernandez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B328585

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA459670) v.

ANGELA HERNANDEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura F. Priver, Judge. Reversed and remanded. 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, Idan Ivri and Nikhil Cooper, Deputy Attorneys General, for Plaintiff and Respondent. _____________________

Angela Hernandez appeals the trial court’s order denying her petition for vacatur of her attempted murder conviction and resentencing under Penal Code section 1172.6.1 Hernandez pleaded no contest to attempted murder and admitted the allegation that she personally inflicted great bodily injury upon the victim under circumstances involving domestic violence. The trial court found that Hernandez failed to make a prima facie showing that she was eligible for relief. On appeal, Hernandez argues that the trial court erred because the record of conviction does not preclude her from relief as a matter of law. We reverse the trial court’s order and remand the matter for further proceedings pursuant to section 1172.6.

PROCEDURAL HISTORY

In 2017, Hernandez pleaded no contest to one count of attempted murder (§§ 187, subd. (a)/664) and admitted that she personally inflicted great bodily injury upon the victim under circumstances involving domestic violence (§ 12022.7, subd. (e)). Hernandez pleaded pursuant to People v. West (1970) 3 Cal.3d 595, and thus did not admit to a factual basis for the plea. Defense counsel joined in waivers, but not in the plea. Counsel did not stipulate to a factual basis for the plea, but stipulated to the complaint, which set forth the same allegations as the information to which Hernandez pleaded. Hernandez was sentenced to 12 years in state prison. On March 10, 2022, Hernandez filed a petition for vacatur of her attempted murder conviction and resentencing pursuant to