People v. Rubio CA4/3

Filed 6/24/25 P. v. Rubio 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G063981

v. (Super. Ct. No. 94WF1718)

OSCAR RUBIO, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Andre Manssourian, Judge. Affirmed. Rex Adam Williams, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

Oscar Rubio filed a petition for resentencing pursuant to Penal 1 Code section 1172.6. At the prima facie hearing on the petition, the trial court denied Rubio resentencing relief. Appointed counsel for Rubio filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 and requested this court conduct an independent review of the entire record. Rubio was given an opportunity to file a supplemental brief but did not do so. Exercising our discretion under People v. Delgadillo, supra, 14 Cal.5th at page 232, we examined the entire record and found no reasonably arguable issue. We therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND In 1995, a jury found Rubio guilty of conspiracy to commit murder (§§ 182, subd. (a)(1), 187, subd. (a)) and premeditated and deliberate attempted murder (§§ 664, subd. (a), 187, subd. (a)). The jury also found Rubio personally inflicted great bodily injury (§ 12022.7) and personally used a firearm (§ 12022.5, subd. (a)) during the commission of the attempted murder. On direct appeal to this court, Rubio’s convictions were affirmed, but his sentence was vacated and the matter was remanded for a new sentencing hearing. (People v. Rubio (June 30, 1997, G018297) [nonpub. opn.].) On remand, the trial court sentenced Rubio to life plus an eight-year- determinate term for the enhancements. In July 2023, Rubio filed a petition for resentencing pursuant to section 1172.6. Counsel was appointed. In response to Rubio’s petition, the prosecution requested the trial court take judicial notice of the record of conviction, including the jury instructions and the prior unpublished opinion