People v. Caceres CA2/3

Filed 10/25/24 P. v. Caceres CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B332585

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA070847) v.

JAIME CACERES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Ronald S. Coen, Judge. Affirmed. Jaime Caceres, in propria persona; and Stanley Dale Radtke, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗

Jaime Caceres appeals from an order denying his petition for resentencing under Penal Code1 section 1170.03, which the trial court treated as a petition for resentencing under section 1170, subdivision (d)(1). As such, the trial court denied the petition, and Caceres appealed. His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216, and Caceres filed a supplemental brief. The trial court did not err in denying the petition. A jury convicted Caceres of first degree murder (§ 187, subd. (a); count 1), two counts of attempted murder (§§ 664, 187, subd. (a); counts 2 & 3); and conspiracy to commit a crime (§ 182, subd. (a)(1); count 4). In 1995, the trial court sentenced Caceres, on count 1, to 25 years to life plus one year for a firearm enhancement (§ 12022, subd. (a)(1)) and on count 2, to a consecutive life term. On count 3, the trial court sentenced Caceres to a concurrent life term, and on count 4 to 25 years to life, stayed under section 654. Caceres was 16 years old when he committed his crimes. In 2023, Caceres petitioned for resentencing. In his petition, Caceres argued that “sentencing enhancements and juv[enile] policies must apply with equal force to sentences where the judgment is final” and that his sentence was no longer appropriate because he was a juvenile when he committed his crimes. On July 7, 2023, the trial court denied the petition, stating that Caceres was sentenced to a “series of indeterminate sentences” and not to life without parole or its functional