People v. Casares CA2/6

Filed 3/4/25 P. v. Casares CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B336624 (Super. Ct. No. 1277675) Plaintiff and Respondent, (Santa Barbara County)

v.

JOSE MANUEL CASARES, SR.

Defendant and Appellant.

Jose Manuel Casares, Sr., appeals the trial court’s order denying his petition, filed in propria persona, seeking resentencing pursuant to Penal Code,1 sections 1170, 1171, 1172 and Assembly Bill No. 1540. We appointed counsel to represent appellant on appeal. After an examination of the record, counsel filed an opening brief raising no issues and requesting that we follow the procedures set forth in People v. Delgadillo (2022) 14

1 All further statutory references are to the Penal Code.

Cal.5th 216 (Delgadillo). Appellant filed a supplemental brief raising no arguable issues. We affirm. Procedural Background In 2008, appellant was convicted by jury of forcible rape (§ 261, subd. (a)(2), count 1). The jury found not true the special allegation that appellant committed the rape during the commission of burglary with the intent to commit rape but found true the allegation that appellant committed the rape during the commission of burglary with the intent to commit assault with a deadly weapon (§ 245, subd. (a)(1)), willful infliction of corporal injury resulting in traumatic injury (§ 273.5, subd. (a)), or criminal threats (§ 422), within the residence. The jury also found true the special allegation that appellant personally used a dangerous or deadly weapon in the commission of the offense (§ 12022, subd. (b)(1)). Appellant was sentenced to a term in state prison of 27 years to life, comprised as follows: 25 years to life on count 1, plus one additional year for two prior prison terms (§ 667.5, subd. (b)), to be served consecutively. In December 2022, the trial court modified appellant’s sentence to remove the prior prison term enhancements. (§ 667.5, subd. (b).) In February 2024, appellant filed a “Petition for Resentencing Pursuant [to] All Applicable Sections of Penal Code § 1170, § 1171, § 1172, and Assembly Bill 1540 (2021).” In his petition, appellant requested relief under various ameliorative legislation, asserted that he did not waive his right to be present at his resentencing hearing, and that he was entitled to have his entire sentence reconsidered. The trial court denied the petition without prejudice.