People v. Villegas CA2/2

Filed 3/21/25 P. v. Villegas CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B336596

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA402808 v.

JUAN VILLEGAS,

Defendant and Appellant.

THE COURT: Defendant and appellant Juan Villegas appeals from the denial of his petition for resentencing under Penal Code section 1172.61 (former § 1170.95).2 Defendant’s appointed counsel found

1 All further references are to the Penal Code unless otherwise indicated.

2 Effective June 30, 2022, former section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) For simplicity, we refer to the section by its new numbering.

no arguable issues and filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Under the standard articulated in Delgadillo, we decline counsel’s invitation to undertake an independent review of the record; instead, we evaluate the arguments defendant raises in his supplemental brief. (Delgadillo, supra, at pp. 231–232.) Because defendant’s brief contains no argument against the order denying his section 1172.6 petition, we affirm. BACKGROUND In 2013, a jury convicted defendant and two codefendants of one count of attempted murder (§§ 664 & 187, subd. (a)). The jury found that a principal personally and intentionally discharged a firearm causing great bodily injury to the victim (§ 12022.53, subds. (c), (d) & (e)(1)), and that the attempted murder was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). The trial court sentenced each of the three defendants to a prison term of 30 years to life.3 In August 2021, defendant filed a petition for resentencing under section 1172.6 and was appointed counsel. The trial court subsequently issued an order to show cause setting an evidentiary hearing. (§ 1172.6, subd. (d)(3).) At the hearing, the parties relied solely on the record of conviction. After reviewing the trial record, the trial court found that defendant could still be convicted of attempted murder, either as the actual shooter or as a direct aider and abettor.