People v. Canela CA4/1

Filed 10/29/24 P. v. Canela CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D083568

Plaintiff and Respondent,

v. (Super. Ct. No. SCD251838)

IGNADO CANELA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Rachel Cano, Judge. Affirmed. Ignacio Canela in pro. per., and Jeanine G. Strong, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. INTRODUCTION Ignado Canela appeals from an order denying his petition for

resentencing under Penal Code1 section 1172.6. His appellate counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and Canela filed a supplemental brief. We have reviewed the issues raised in

1 Undesignated statutory references are to the Penal Code.

Canela’s supplemental brief and have independently reviewed the record. (Id. at p. 232.) We find no reasonably arguable appellate issues and affirm. FACTUAL AND PROCEDURAL BACKGROUND In 2016, a jury convicted Canela of attempted premeditated murder of a peace officer (§§ 187, subd. (a) & 664, subd. (e), count 1); felon in possession of a firearm (§ 29800, subd. (a)(1), count 2); felon in possession of ammunition (§ 30305, subd. (a)(1), count 3); carrying a loaded firearm in public (§ 25850, subd. (a), count 5); possession of a burglary tool (§ 466, count 12); failure to appear (§ 1320.5, count 14); felony evasion (Veh. Code, § 2800.2, subd. (a), count 4); transportation of a controlled substance (methamphetamine) (Health & Saf. Code, § 11379, subd. (a), count 6); possession for sale of a controlled substance (methamphetamine) (id., § 11378, count 7); possession of a controlled substance (hydrocodone) (id., § 11377, subd. (a), count 8); possession of a controlled substance (diazepam) (ibid., count 9); possession of a controlled substance (methamphetamine) (ibid., count 10); possession of a controlled substance (cocaine) (id., § 11350, subd. (a), count 11); and possession of narcotics paraphernalia (id., § 11364.1, subd. (a), count 13). The jury also found that as to count 1, Canela personally used and discharged a firearm causing great bodily injury (§ 12022.53, subds. (b), (c) & (d)); as to counts 4, 6, and 7, Canela was armed with a firearm (§ 12022, subd. (a)(1)); as to count 5, that the firearm being carried by Canela was stolen (§ 25850, subd. (c)(2)); as to counts 6, 7 and 10, that Canela had a qualifying prior narcotics conviction (Health & Saf. Code, § 11370.2, subd. (c)); as to counts 1 to 9, and 14, that Canela committed the offenses while out of custody on bail (§ 12022.1, subd. (b)); and that Canela had four prison priors (§ 667.5, subd. (b)). The trial court sentenced Canela to prison for 14 years plus a consecutive term of 40 years to life.