People v. Soto CA6

Filed 10/29/24 P. v. Soto CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H051660 (Monterey County Plaintiff and Respondent, Super. Ct. No. 17CR001640)

v.

JUAN ALVAREZ SOTO,

Defendant and Appellant.

THE COURT1 Defendant Juan Alvarez Soto appeals an order denying his petition for resentencing under Penal Code section 1172.6, pursuant to which a person convicted of felony murder, murder, or manslaughter under the natural and probable consequences doctrine may seek to have his conviction vacated in specified circumstances.2 On appeal, Soto’s appointed counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and Soto filed a supplemental letter brief on his own behalf. Having reviewed Soto’s letter brief, we conclude he has failed to raise an arguable issue on appeal, and we therefore affirm the order. I. FACTUAL AND PROCEDURAL BACKGROUND In 2018, Soto pleaded no contest to two felony violations of section 192, subdivision (a), voluntary manslaughter (Counts 3 and 4). Soto also admitted enhancements as to count 3, based on allegations that the offense was committed for the

1 Before Wilson, J., Bamattre-Manoukian, Acting P. J., and Danner, J. 2 Undesignated statutory references are to the Penal Code.

benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)), and with the use of a firearm (§ 12022.5, subd. (a).) Soto indicated, and the trial court found, that the preliminary hearing transcript provided the factual basis for his plea. Pursuant to the terms of the plea agreement, the trial court sentenced Soto to a total of 33 years, dismissing the remaining counts and enhancements. On October 11, 2022, Soto submitted a letter to the trial court, in which he raised “questions and concerns regarding the 1170(d) and new 1170.03 recall for resentencing,” stated that he had “sent a petition/motion for sentence modification for SB 1437 / SB 775,” and “request[ed] the petition for the recall of resentence.”3 The trial court appointed counsel for Soto and set a hearing for reconsideration of Soto’s sentence. The People filed a response to Soto’s petition, in which they conceded the prima facie case and requested that the court set an evidentiary hearing pursuant to section 1172.6.4