California Court of Appeal Sep 3, 2024 No. E083151Unpublished
Filed 9/3/24 P. v. Guerra CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE, E083151 Plaintiff and Respondent, (Super.Ct.No. FSB251264) v. OPINION DANNY MONTANA GUERRA,
Defendant and Appellant.
APPEAL from the Superior Court of San Bernardino County. J. David Mazurek,
Judge. Affirmed.
Danny Montana Guerra, in pro. per.; and Marta I. Stanton, under appointment by
the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
1
Danny Montana Guerra appeals the denial of his request for resentencing under
Penal Code section 1170.91, subdivision (b).1 After his counsel filed a no-issue brief
under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), Guerra filed his own
supplemental brief. We affirm.
BACKGROUND
In 1980 Guerra was convicted of first degree murder, attempted murder, robbery,
and two counts of kidnapping.
In 2023 Guerra petitioned for resentencing under section 1170.91, subdivision (b).
In 2024 the trial court denied Guerra’s petition because his convictions rendered him
language makes clear that it is the list of felonies in the latter subdivision that matters:
whether the defendant is “convicted of” one or has a “prior” conviction for one. When
section 667, subdivision (e)(2)(C)(iv), applies directly it applies only to prior convictions,
but that is irrelevant to how section 1170.91, subdivision (c), incorporates it. There is no
ambiguity here.
4
Accordingly, we agree with the trial court that Guerra is statutorily ineligible for
relief under section 1170.91 and affirm its order denying his petition.
DISPOSITION
We affirm.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS RAPHAEL J.
We concur:
RAMIREZ P. J.
MILLER J.
5
AI Brief
AI-generated · verify before citing
Holding. The court held that the defendant is statutorily ineligible for resentencing under Penal Code section 1170.91 because his convictions for murder and attempted murder fall under the exclusion criteria of subdivision (c).
Issues
Whether the defendant is eligible for resentencing under Penal Code section 1170.91, subdivision (b).
Whether the exclusion provision in Penal Code section 1170.91, subdivision (c) applies to the defendant's current convictions.
Disposition. Affirmed
Quotations verified verbatim against the opinion
“Because Guerra was convicted of murder and attempted murder, he is therefore ineligible for relief.”
“Section 1170.91, subdivision (c), applies to the convictions listed under section 667, subdivision (e)(2)(C)(iv), not the introductory language of that subdivision.”