People v. Garcia CA4/1

Filed 7/3/24 P. v. Garcia CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082924

Plaintiff and Respondent,

v. (Super. Ct. No. SCD221708)

JESSE GARCIA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Lisa R. Rodriguez, Judge. Affirmed. Jesse Garcia, in pro. per.; and Theresa Osterman Stevenson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. In 2010, Jesse Garcia entered into a plea agreement with a stipulated sentence. He pleaded guilty to voluntary manslaughter (Pen. Code, § 192, subd. (a)), assault with a semi-automatic firearm (§ 245, subd. (b)), and dissuading a witness by force or threat (§ 136, subd. (c)(1)). Garcia also pleaded guilty to several other firearm and drug related offenses. The parties stipulated to a sentence of 35 years in prison. A murder charge was

dismissed. Garcia also admitted a prison prior (§ 667.5, subd. (b)). The court imposed a determinate term of 35 years in prison. In 2023, Garcia successfully petitioned for resentencing under section 1172.75. The court struck the prison prior and reduced Garcia’s sentence to 34 years. In 2023, Garcia filed a petition for resentencing under section 1172.6. The court appointed counsel, received briefing, and held a prima facie hearing on Garcia’s petition. After reviewing the record of conviction, the court denied the petition without issuing an order to show cause or conducting an evidentiary hearing, finding Garcia was not eligible for resentencing as a matter of law. The court stated: “By his own admission in the court record, Petitioner was the actual killer. Petitioner was convicted by plea on June 23[ ], 2010, along with eight other charges, of a violation of Penal Code section 192[, subdivision] (a), and admitted that he personally used a firearm, pursuant to Penal Code section 12022.5[, subdivision] (a).