People v. Gonzalez CA4/1

Filed 1/15/25 P. v. Gonzalez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D083361

Plaintiff and Respondent,

v. (Super. Ct. No. SCS201828) GUILLERMO NUNEZ GONZALEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Theodore M. Weathers, Judge. Affirmed. Arielle Bases, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Christopher P. Beesley and Michael D. Butera, Deputy Attorneys General, for Plaintiff and Respondent. MEMORANDUM OPINION In 2013, Guillermo Nunez Gonzalez pled guilty to voluntary manslaughter and assault with a semiautomatic firearm, and he admitted to personal use of a firearm. He was convicted and sentenced to prison.

Thereafter, Gonzalez filed a petition for resentencing under Penal Code

section 1170.95, the predecessor statute to section 1172.6.1 At the initial hearing, the court dismissed the petition for failing to state a prima facie case for relief. Gonzalez appeals the court’s order denying his section 1172.6 petition without an evidentiary hearing. We find no error and affirm the order. FACTUAL AND PROCEDURAL BACKGROUND An information charged Gonzalez with the murder of Willie Clark, the attempted murder of Ernesto Alvarez, and two counts of assault with a semi- automatic firearm upon victims Ernesto Alvarez and Alberto Elena. The information included the allegation that Gonzalez, in the commission of the murder, “personally used a firearm, to wit: handgun, within the meaning of ”

section 12022.5(a).2 In August 2018, Gonzalez pled guilty to voluntary manslaughter (a lesser included offense of murder), in violation of section 192, subdivision (a) and to one count of assault with a semiautomatic firearm upon Ernesto Alvarez. The plea form signed by Gonzalez stated that as part of his plea, he admitted, “I unlawfully killed another human being William Clark, upon a sudden quarrel and I personally used a semi-automatic handgun.” At the hearing on the change of plea, the court asked Gonzalez: “It’s alleged that on or about April 3rd, 2006, that you did unlawfully kill a human being without malice upon sudden quarrel or heat of passion in violation of Penal Code section 192 subdivision (a).