People v. Saechao CA3

Filed 2/24/25 P. v. Saechao CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C100498

Plaintiff and Respondent, (Super. Ct. No. 08F02348)

v.

BILLY CHAN SAECHAO,

Defendant and Appellant.

In 2010, a jury found defendant Billy Chan Saechao guilty of second degree murder he committed when he was 16 years old and found true firearm enhancements and a criminal street gang enhancement. At the age of 18, the trial court sentenced defendant to 50 years to life. In 2024, the trial court denied defendant’s petition for resentencing filed pursuant to Penal Code1 section 1170, subdivision (d)(1) because defendant had not been

1 Further undesignated statutory references are to the Penal Code.

1

sentenced to life without parole and his sentence was not the functional equivalent of life without parole. Appointed counsel for defendant asked this court to 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) to determine whether there are any arguable issues on appeal. Defendant has filed a supplemental brief arguing the trial court erred in denying his section 1170 petition. We have considered defendant’s arguments and affirm the trial court’s order. FACTUAL AND PROCEDURAL BACKGROUND Defendant was born in 1991. The amended information charged defendant with murder. It also alleged four enhancements: three under section 12022.53, subdivisions (b), (c), and (d), that defendant intentionally and personally discharged a firearm causing great bodily injury or death, and one under section 186.22, subdivision (b)(1), that he committed the crime for the benefit of a criminal street gang. The essential facts of this case are set forth in People v. Saechao (Mar. 6, 2012, C065775) (nonpub. opn.). Defendant and three friends went to pick up defendant’s girlfriend at a party. When they arrived, they exchanged words with another group of men. Shooting erupted between the groups. When he was interviewed, “defendant admitted his friend . . . started the confrontation” and defendant may have fired the first shot. (Ibid.) The victim died at the scene from a gunshot wound. In 2010, a jury found defendant not guilty of first degree murder and guilty of second degree murder. It also found true each of the enhancements. The trial court sentenced defendant to 50 years to life in prison. It sentenced defendant to 15 years to life in prison for the murder, 25 years to life for the section 12022.53, subdivision (d) firearm enhancement, and 10 years for the criminal gang enhancement.