People v. Loredo CA6

Filed 12/30/24 P. v. Loredo CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H051777 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C2107283)

v.

ADRIAN LOREDO,

Defendant and Appellant.

THE COURT1 Defendant Adrian Loredo appeals an order denying his petition for resentencing under Penal Code section 1172.6,2 pursuant to which a “person convicted of felony murder or murder under the natural and probable consequences doctrine or other theory under which malice is imputed to a person based solely on that person’s participation in a crime, attempted murder under the natural and probable consequences doctrine, or manslaughter” (id., subd. (a)) may seek to have his conviction vacated in specified circumstances. On appeal, Loredo’s appointed counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and Loredo filed a supplemental letter

1 Before Greenwood, P. J., Danner, J., and Bromberg, J. 2 All further unspecified statutory references are to the Penal Code.

brief on his own behalf. Having reviewed Loredo’s supplemental brief, we conclude he has failed to raise an arguable issue on appeal, and we affirm the order. I. FACTS AND PROCEDURAL BACKGROUND3 On February 23, 2021, Cesar Moreno was shot in San Jose. He died from his injuries two days later. Immediately prior to the shooting, Moreno was at a cafe with his friend, Henry H. (Henry).4 Henry participated in an online video gambling game. Henry frequently met with people to receive payments for the game and often carried cash in his bag. When Moreno and Henry were together at the cafe, two men and one woman approached Henry. The men (one of whom was Loredo) were armed with firearms. Loredo tried to grab a bag of cash from Henry, and Henry attempted to run away. Moreno approached Henry, and Loredo and the other man fired their weapons at Moreno and Henry. Moreno was struck (including by bullets fired from Loredo’s gun) and fell to the ground. The woman who approached Henry at the cafe had arranged to meet him there and had helped plan the robbery. In October 2021, the Santa Clara County District Attorney filed a first amended felony complaint (complaint) charging Loredo and two codefendants, Jesse Sotelo, Jr. and Katherine Schmidt, with murder “with malice aforethought” (§ 187, subd. (a); count 1) and attempted robbery in the second degree (§§ 664, 212.5, subd. (c); count 2). The murder and attempted robbery counts further alleged that Loredo and Sotelo personally discharged a firearm proximately causing death (§ 12022.53, subd. (d)) (firearm allegation).