People v. Derosas CA4/3

Filed 5/5/25 P. v. Derosas CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G063344

v. (Super. Ct. No. 11CF3037)

OSCAR DEROSAS, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Michael A. Leversen, Judge. Affirmed. Johanna Pirko, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Defendant Oscar Derosas was convicted of attempted murder over a decade ago based on a plea deal. He recently filed a resentencing petition under Penal Code section 1172.6, which the trial court denied.1 On appeal, his appointed counsel filed a no-issue brief, requesting we exercise our discretion to independently review the record for error under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). We have exercised our discretion and have found no arguable issues. Thus, we affirm the court’s postjudgment order. FACTS AND PROCEDURAL HISTORY Derosas was charged with (1) attempted murder (former § 187, subd. (a) & § 664, subd. (b)); (2) assault with a firearm (§ 245, subd. (b)); (3) possession of a firearm by a felon (former § 12021, subd. (a)(1)); (4) possession of a firearm by a probationer (former § 12021, subd. (d)(1)); and (5) street terrorism (former § 186.22, subd. (a)). A jury found him guilty of assault with a deadly weapon, possession of a firearm by a probationer, and street terrorism. The jury was unable to reach a verdict on the attempted murder charge, so the court granted Derosas’s motion for a mistrial. The prosecution elected to retry Derosas on the attempted murder count. Before the retrial, Derosas pleaded guilty to attempted murder and admitted a related gang enhancement (former § 186.22, subd. (b)(1)). His plea states, “In Orange County, California, on October 13, 2011, I intended to kill and attempted to kill [the victim] by shooting him and I did so for the benefit of Pearl Street, a criminal street gang, intending to promote, further,