People v. Solano CA2/4

California Court of Appeal Feb 19, 2025 No. B338000Unpublished

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Holding. The court held that the defendant was ineligible for resentencing under Penal Code section 1172.6 as a matter of law because the record of conviction established he was convicted as the actual killer who acted with intent to kill, not under theories of imputed malice.

Issues

Whether the trial court erred in summarily denying a petition for resentencing under Penal Code section 1172.6 without an evidentiary hearing.
Whether a section 1172.6 petition allows a defendant to challenge the factual basis of their conviction or introduce new evidence of factual innocence.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The record of conviction in this case conclusively establishes defendant’s ineligibility for relief.”

“The only theory on which defendant was convicted, both for murder and attempted murder, was based on defendant directly perpetrating the murders and attempted murder.”

“The mere filing of a section [1172.6] petition does not afford the petitioner a new opportunity to raise claims of trial error or attack the sufficiency of the evidence supporting the jury’s findings.”

Filed 2/19/25 P. v. Solano CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B338000

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA064472) v.

OSCAR MARTIN SOLANO,

Defendant and Appellant.

APPEAL from a postconviction order of the Superior Court of Los Angeles County, Jacqueline H. Lewis, Judge. Affirmed. Edward H. Schulman, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Oscar Martin Solano appeals from a postconviction order summarily denying his petition for resentencing under Penal Code section 1172.6.1 Following his appointment, appellate counsel filed a brief raising no issues and requesting that we proceed under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Defendant has filed his own supplemental brief requesting an evidentiary hearing to introduce new evidence establishing his factual innocence. We affirm.

BACKGROUND In 2004, defendant and his co-defendant Gonzalo Alarcon were charged with two counts of murder and one count of attempted premeditated murder. The information alleged a multiple-murder special circumstance (§ 190.2, subd. (a)(3)) on both murder counts, and it alleged gang and firearm enhancement allegations on all three counts (§§ 186.22, subd. (b)(1), 12022.53, subds. (b)-(d), (e)). At the close of evidence at trial, the court granted co- defendant Alarcon’s motion for full acquittal (§ 1118.1). During a discussion about jury instructions, the court amended the information to add the allegation on all counts that defendant personally used and discharged a firearm causing great bodily injury or death (§ 12022.53, subd. (d)). The court struck the remaining firearm allegations. The court instructed the jury on principles of deliberate and premeditated murder; willful, deliberate, and premeditated attempted murder; the multiple-

People v. Solano CA2/4

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B338000

OSCAR MARTIN SOLANO,

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