People v. Molina CA2/8

California Court of Appeal May 22, 2024 No. B326848Unpublished

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Holding. The court affirmed the denial of the defendant's petition for resentencing under Penal Code section 1172.6, holding that the record of conviction conclusively established the defendant was the actual shooter and thus ineligible for relief.

Issues

Whether the trial court properly denied a petition for resentencing under Penal Code section 1172.6 when the record of conviction established the defendant was the actual shooter.
Whether a section 1172.6 petition provides a vehicle to relitigate claims of trial error or the sufficiency of the evidence supporting the original conviction.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“the jury found the petitioner had been the actual shooter, based upon the findings of the firearm enhancement, the court finds as a matter of law that the defendant is guilty of murder”

Filed 5/22/24 P. v. Molina CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B326848

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA271207-03) v.

MICHAEL IVAN MOLINA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Charlaine F. Olmedo, Judge. Affirmed.

Heather J. Manolakas, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), we review this appeal of an order denying defendant’s petition for resentencing brought under Penal Code1 section 1172.6. We affirm. BACKGROUND On January 26, 2005, the People filed an Information charging defendant Michael Ivan Molina and co-defendants Bryan Bastidas and Theodore Johnson with one count of murder in violation of section 187, subdivision (a), and three counts of attempted willful, deliberate, and premeditated murder in violation of sections 664 and 187, subdivision (a). It was also alleged that a principal personally and intentionally discharged a firearm which proximately caused great bodily injury or death pursuant to section 12022.53, subdivisions (d) and (e)(1). Other firearm and gang enhancements were also alleged as to all counts. Molina was tried alone and the jury found him guilty on all counts. The jury also found true that Molina personally and intentionally discharged a firearm, a handgun, which caused the death of the victim, and that he personally and intentionally discharged a firearm, a handgun, in connection with the three counts of attempted murder. On July 8, 2008, the trial court sentenced Molina to an aggregate term of 50 years to life in prison plus 75 years to life in prison. On or about March 9, 2022, Molina filed a petition for resentencing pursuant to section 1172.6. He also requested and was granted appointment of counsel. The People filed written opposition to which Molina filed a response. On November 17,

People v. Molina CA2/8

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B326848

MICHAEL IVAN MOLINA,

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

STRATTON, P. J.

WILEY, J. VIRAMONTES, J.

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