PEOPLE v. DE LA ROSA BURGARA (2026)

Supreme Court of California.

PEOPLE v. DE LA ROSA BURGARA

S283452

Decided: September 30, 2026

The Attorney General's motion to dismiss the petition for review, filed January 13, 2026, is denied.

The above-captioned matter is transferred to the Court of Appeal, Sixth Appellate District, with directions to vacate its decision and reconsider the cause in light of People v. Mitchell (2026) 19 Cal.5th 729, 751-752, 344 Cal.Rptr.3d 443, 589 P.3d 359. (Cal. Rules of Court, rule 8.528(d).) As explained in Standing Order Exercising Authority Under California Rules of Court, rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21, and California Rules of Court, rule 8.1115(e)(3), corresponding comment, par. 3 the opinion is hereby rendered either “depublished” or “not citable.”

Upon transfer to the Court of Appeal, Sixth Appellate District, the parties shall inform the court of any procedural developments of potential relevance to the appeal, including the order filed August 26, 2025 in People v. Mariano Alejandro De La Rosa Burgara (Santa Clara County Superior Court No. B1902295).

Votes: Guerrero, C. J., Corrigan, Liu, Kruger, Groban and Evans, JJ.

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