People v. Molina CA2/6

Filed 6/17/24 P. v. Molina CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B328635 (Super. Ct. No. MA050835) Plaintiff and Appellant, (Los Angeles County)

v.

MARGARITO BELTRAN MOLINA,

Defendant and Respondent.

Margarito Beltran Molina appeals an order denying his resentencing petition filed pursuant to Penal Code section 1170.95 (now renumbered as section 1172.6).1 We conclude that the trial court erred by denying the resentencing petition without holding an evidentiary hearing because Molina was eligible for relief. The Attorney General concedes error. We reverse and remand.

1 All statutory references are to the Penal Code.

FACTUAL AND PROCEDURAL HISTORY2 In 2011, the Los Angeles County District Attorney charged Molina with attempted murder, conspiracy to commit murder, and drug and firearm crimes, among others. Molina sold heroin and methamphetamine from his Quartz Hill apartment. Russell Phillips frequently bought methamphetamine from Molina, and moved into Molina’s apartment. Phillips soon began to sell drugs for Molina, but was unable to collect an $8,000 debt from a customer. On October 20, 2010, a man named “Luis” visited Molina and threatened Phillips regarding the $8,000 debt. Phillips left Molina’s apartment to live elsewhere. He soon desired methamphetamine and arranged a drug transaction with another dealer. After he entered the dealer’s truck, another vehicle blocked the truck’s path. “Luis” appeared with a gun, opened the truck door, and ordered Phillips to enter the other vehicle. Phillips fled into the neighborhood. As he ran, he heard gunfire and felt projectiles pass by his head. The jury convicted Molina of 14 charged counts plus criminal street gang and firearm enhancements. The trial court sentenced him to 62 years to life. The court stayed sentence on the attempted murder count pursuant to section 654. Molina appealed. We modified the judgment and remanded for resentencing. The judgment as modified, including the conviction for attempted murder, was otherwise affirmed. (People v. Esparza et al., supra, B237321.)