People v. Garcia CA2/2

Filed 3/7/24 P. v. Garcia CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B321825

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA036562) v.

ERNESTO GARCIA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Sean D. Coen, Judge. Reversed and remanded.

Jason Szydlik, 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, Assistant Attorney General, Steven D. Matthews and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.

****** The trial court in this case denied without prejudice a petition filed by Ernesto Garcia (defendant) for vacatur and resentencing of his attempted murder convictions (Pen. Code, §§ 187, subd. (a), 664, subd. (a))1 on the grounds that the petition had “missing information” under section 1172.6, subdivision (b)(2), but neglected to specify what information was missing. This was error because defendant’s petition was not missing any information. As a result, we reverse the denial of the petition and remand for the trial court to appoint counsel and to proceed in considering the petition. This conclusion obviates the need for us to decide, as a matter of statutory construction, whether trial courts must explain what information is missing from an incomplete petition. FACTS AND PROCEDURAL BACKGROUND I. The Crime Defendant and another person were in a vehicle when they fired gunshots into the victims’ vehicle. The driver of the victims’ vehicle was killed. Defendant was one of the people identified as having fired into the car. II. The Conviction In 1997, a jury convicted defendant of first degree murder (§ 187, subd. (a)) and two counts of attempted willful, deliberate,