People v. Rodriguez CA2/8

Filed 10/25/24 P. v. Rodriguez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B337063

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA014564-01) v.

RAUL LOREDO RODRIGUEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Hayden Zacky, Judge. Affirmed.

John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), we review this appeal of an order denying Raul Rodriguez’s petition for recall of sentence brought under Penal Code1 section 1170, subdivision (d)(1). We affirm. BACKGROUND On November 21, 1994, Rodriguez pled guilty to second degree murder in violation of section 187, subdivision (a). The trial court sentenced him to 15 years to life in prison. On November 7, 2023, Rodriguez filed a petition for recall of sentence pursuant to section 1170, subdivision (d)(1) and People v. Heard (2022) 83 Cal.App.5th 608 (Heard). He argued that his sentence of 15 years to life was the functional equivalent of a sentence without the possibility of parole and therefore he was eligible to have his sentence recalled. On February 20, 2024, the trial court held a hearing on the section 1170 petition. It noted that Rodriguez had already had several parole hearings—March 4, 2003, May 11, 2006, April 6, 2010, and March 23, 2017—and another one was scheduled for March, 2027. The trial court denied the petition on the ground that the sentence of 15 years to life is not the functional equivalent of a sentence of life without the possibility of parole. The court also denied Rodriguez’s previous request that the court consider a recall of sentence under section 1172.1 (Assembly Bill No. 600 (2023–2024 Reg. Sess.)). Rodriguez filed a timely notice of appeal. The facts of the crime are not relevant to the petition, but we recite them to provide context only. On March 21, 1993, Rodriguez, a juvenile, shot and killed Jose Salavia while