People v. Vasquez CA2/8

Filed 3/24/25 P. v. Vasquez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B340427

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA105346-01) v.

YVETTE VASQUEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Judith Levey Meyer, Judge. Affirmed.

Nancy Gaynor, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), we review this appeal of an order denying Yvette Vasquez’s petition for resentencing brought under Penal Code1 section 1172.6. We affirm. BACKGROUND

On April 5, 2019, a jury convicted Yvette Vasquez of first degree murder and found true street gang and various firearm use allegations. The trial court sentenced Vasquez to 75 years to life in prison. On September 16, 2022, Vasquez filed a petition for resentencing pursuant to section 1172.6. The trial court appointed counsel and considered briefing from the parties. On July 10, 2024, the trial court denied the petition, finding that Vasquez failed to make a prima facie case for relief because she was not convicted under a felony murder or natural and probable consequences theory nor was malice “improperly applied” to her; rather, she was convicted as a direct aider and abettor to murder. Vasquez timely appealed. On December 3, 2024, we appointed counsel to represent Vasquez on appeal. On January 31, 2025, counsel filed a no issue brief pursuant to People v. Delgadillo. Counsel advised us they had told appellant she may file her own supplemental brief within 30 days. Counsel sent Vasquez transcripts of the record on appeal as well as a copy of the brief. On February 3, 2025, this court sent Vasquez notice that a brief raising no issues had been filed on her behalf. We advised her she had 30 days within which to submit a supplemental brief or letter stating any issues she believes we should consider. We