People v. Estrada
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The case revolves around Hildo Ocampo Estrada, who was convicted of attempted murder and voluntary manslaughter. The charges stemmed from an incident where Estrada and others were involved in a fight with another group, which resulted in the death of Martin Corio and the severe injury of Carlos Zuniga Flores. Estrada was charged with murder and attempted murder, but he pleaded no contest to voluntary manslaughter and attempted murder, admitting to the use of a deadly weapon and causing great bodily injury. He was sentenced to an aggregate determinate term of 15 years and 4 months.
Estrada later filed a petition for resentencing under Penal Code section 1172.61, arguing that the record of conviction did not establish that he was ineligible for relief as a matter of law. The prosecution opposed the petition, asserting that Estrada was ineligible for relief because he was the actual killer. The Superior Court of Los Angeles County denied his petition at the prima facie stage, concluding that Estrada was the actual killer. Estrada appealed this decision.
The Court of Appeal of the State of California Second Appellate District Division Eight reviewed the case. The court found that the record of conviction did not conclusively establish that Estrada was the actual killer or that he acted with intent to kill or actual malice. The court concluded that the lower court erred in denying Estrada's petition at the prima facie stage without conducting an evidentiary hearing. The court reversed the lower court's decision and remanded the case for further proceedings, instructing the lower court to issue an order to show cause under section 1172.6, subdivision (c), and to hold an evidentiary hearing under section 1172.6, subdivision (d)(1).
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