People v. Maldonado CA3

Filed 11/14/24 P. v. Maldonado CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C100106

Plaintiff and Respondent, (Super. Ct. No. MAN-CR- FDV-2019-0016986) v.

ANGEL MALDONADO,

Defendant and Appellant.

Defendant Angel Maldonado appeals the trial court’s denial of his petition for resentencing under Penal Code section 1172.6.1 Appellate counsel filed a brief raising no arguable issues and requesting that this court independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Maldonado filed a supplemental brief asking us to review the entire case and to provide relief based on new laws, due process, and principles of equal protection. We affirm.

1 Undesignated statutory references are to the Penal Code.

1

BACKGROUND In December 2019, Maldonado assaulted the victim with a knife while they were in a domestic relationship. The amended complaint charged Maldonado with attempted murder (§§ 187, subd. (a), 664) with enhancements for personal use of a weapon (a knife) and personally inflicting great bodily injury under circumstances involving domestic violence (§§ 12022, subd. (b)(1), 12022.7, subd. (e)); assault with a deadly weapon (§ 245, subd. (a)(1)) with an enhancement for personally inflicting great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)); making criminal threats (§ 422, subd. (a)); and inflicting corporal injury on a spouse, cohabitant, or parent of a child (§ 273.5, subd. (a)) with an enhancement for personally inflicting great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)). Maldonado pleaded no contest to assault with a deadly weapon (§ 245, subd. (a)(1)) and admitted that he personally inflicted great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)). The trial court sentenced him to the upper term of four years for the assault conviction and an additional five years for the great bodily injury enhancement. In November 2023, Maldonado petitioned for resentencing under section 1172.6. The trial court summarily denied the petition, concluding that he failed to establish a prima facie case for relief. He timely appealed. DISCUSSION Appellate counsel asks this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (Delgadillo, supra, 14 Cal.5th at pp. 231-232; Wende, supra, 25 Cal.3d 436.) Maldonado was advised by counsel and this court of his right to file a supplemental brief within 30 days from the date the opening brief was filed. He filed a supplemental brief. In Wende, our Supreme Court held that “Courts of Appeal must conduct a review of the entire record whenever appointed counsel submits a brief on direct appeal which