People v. Laso CA6

Filed 3/13/24 P. v. Laso CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H050852 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS170063C)

v.

GERARDO ELOY LASO,

Defendant and Appellant.

THE COURT1 Gerardo Eloy Laso appeals from an order denying his petition for resentencing under Penal Code section 1172.6,2 under which a person convicted of attempted murder under the natural and probable consequences doctrine may seek to have their conviction vacated in specified circumstances. Counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and Laso subsequently filed a supplemental brief on his own behalf. For the reasons set forth below, we affirm the order.

Before Greenwood, P. J., Bamattre-Manoukian, J., and Wilson, J. 1

All statutory references are to the Penal Code, unless otherwise stated. Laso 2

filed his petition under former section 1170.95. Effective June 30, 2022, section 1170.95 was renumbered as section 1172.6 with no substantive change. (Stats. 2022, ch. 58, § 10.) For clarity, we will cite to current section 1172.6 throughout this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND3 In 2018, Laso pled no contest to second degree attempted murder (§§ 664, 187, subd. (a), count one), assault with a semi-automatic firearm (§ 245, subd. (b), count five), felony possession of a firearm (§ 29800, subd. (a)(1), count six), and assault with force likely to cause great bodily injury (§ 245, subd. (a)(4), count thirteen). Laso admitted enhancements based on allegations that the offenses were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)), and that he had previously been convicted of a serious and/or violent felony (§ 1170.12, subd. (c)(1)). The parties stipulated that the preliminary hearing provided the factual basis for the plea. Pursuant to the terms of Laso’s plea agreement, the trial court sentenced him to an aggregate prison sentence of 30 years and four months, dismissing the remaining counts and enhancements. In 2022, Laso filed a petition pursuant to section 1172.6, stating that he was entitled to resentencing because he was convicted of attempted murder under the natural and probable consequences doctrine and he could not presently be convicted of attempted murder due to changes made to sections 188 and 189, effective January 1, 2019. 4 The trial court appointed counsel to represent Laso. The prosecution opposed the petition, contending that Laso was not eligible for relief under section 1172.6, because the record of conviction revealed that he aided and abetted the crimes and harbored express malice, such that he could be convicted of attempted murder under present law. The court scheduled an evidentiary hearing. In a brief filed in anticipation of the hearing, Laso