People v. Garcia CA2/5

Filed 5/27/25 P. v. Garcia CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B338254

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA063463) v.

NATALIE ELIZABETH GARCIA,

Defendant and Appellant.

Natalie Elizabeth Garcia (defendant) appeals from the order of the trial court denying her petition for resentencing under Penal Code1 section 1172.6. Defendant’s attorney filed a brief raising no issues and asked this court to independently review the record. Defendant submitted a supplemental brief on her own behalf. Under the standard articulated in People v.

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

Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), we decline counsel’s invitation to undertake an independent review of the record. Instead, we evaluate the arguments defendant raises in her letter brief. (Id. at pp. 231-232.) Finding none of her arguments meritorious, we affirm. FACTUAL AND PROCEDURAL BACKGROUND I. Facts2 A. The underlying crime In June 2008, defendant and her then-15-year-old younger brother, Emilio, got into an argument that turned physical. Both threw punches, but defendant bit Emilio’s ear and told him, “I’m going to kill you.” Responding police officers arrested defendant. Later that same month, defendant told Emilio that she knew where an AK-47 rifle was hidden and led him several hours up a hiking trail in Chatsworth to its alleged location. Before they departed, defendant told Emilio to leave a note to his mother indicating he was at a friend’s house. When they reached the spot where defendant claimed the rifle was buried, defendant had Emilio start digging a hole to unearth the weapon. While Emilio was standing in the hole he had dug, defendant took out a knife and put it to Emilio’s neck. Emilio tried to run but tripped, and defendant stabbed him once in the back and twice in the stomach. They stayed on the trail for approximately the next hour, and when Emilio asked defendant not to kill him, she refused, telling him, “It’s time for [you] to die, to go to sleep.” Defendant then repeatedly slashed Emilio’s neck.