People v. Gonzales CA3

Filed 9/12/24 P. v. Gonzales CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C098966

Plaintiff and Respondent, (Super. Ct. Nos. STK-CR-FE- 2001-0008244, SF083084A) v.

SALVADOR GONZALES,

Defendant and Appellant.

Defendant Salvador Gonzales filed a petition for resentencing under Penal Code section 1172.6,1 which the trial court denied, finding defendant failed to make a prima

1 Undesignated statutory references are to the Penal Code.

Defendant originally filed his petition under former section 1170.95. The Legislature amended section 1170.95 effective January 1, 2022, under Senate Bill No. 775 (2021- 2022 Reg. Sess.) (Stats. 2021, ch. 551, § 2). Effective June 30, 2022, the Legislature renumbered section 1170.95 to section 1172.6 without substantive change. (See Stats. 2022, ch. 58, § 10.) We refer to section 1172.6 throughout the opinion.

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facie showing for relief. Defendant appealed the order denying him postconviction relief, and appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), asking this court to independently review the record to determine if there are any arguable errors that would result in a disposition more favorable to defendant. Defendant filed a supplemental brief. Having considered defendant’s supplemental brief in accordance with Delgadillo, we affirm the order. BACKGROUND On March 24, 2001, defendant attended a party where he became involved in an argument with Miguel Angel Herrera and his brother J.A., who were hired to be DJs.2 Defendant pulled out a gun during the argument, put it away, but then shot Herrera and J.A. when the argument turned into a fight. Defendant and his friends were yelling a Sureño gang name, Vicky’s Town. Defendant fired multiple shots. Herrera was killed by a gunshot to the chest. Defendant told his girlfriend that he had shot people coming at him at the party but claimed it was in self-defense. In January 2002, defendant was charged in an amended complaint with the murder of Herrera (§ 187; count 1), attempted premeditated murder of J.A. (§§ 664/187, subd. (a); count 2), and one count of street terrorism (§ 186.22, subd. (a); count 3), along with the enhancements as to counts 1 and 2 that defendant committed the crimes for the benefit of a criminal street gang (§ 186, subd. (b)(1)) and personally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)). In June 2002, the parties reached a plea agreement wherein the information was amended to charge defendant with voluntary manslaughter (§ 192, subd. (a); count 1) and assault with a firearm (§ 245, subd. (a)(2); count 2). Defendant pleaded no contest to