People v. Castro CA2/8

Filed 7/15/25 P. v. Castro CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B338912

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA118463-01) v.

ROBERTO VERDUGO CASTRO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Jacqueline Lewis, Judge. Appeal dismissed.

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

No appearance for Plaintiff and Respondent.

_______________________

Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), we review an order denying Roberto Verdugo Castro’s petition for resentencing under Penal Code1 section 1172.1, subdivision (a)(1). Because we find the order is not appealable, we dismiss the appeal. BACKGROUND In 2019, a jury convicted appellant Roberto Verdugo Castro of kidnap for robbery, two counts of second degree robbery, criminal threats, attempted first degree burglary, fleeing a pursuing peace officer while driving recklessly, unlawful driving of a vehicle without the owner’s consent, and carrying a loaded firearm with intent to commit a felony. The jury also found true firearm allegations on several of the counts. The trial court imposed a sentence of life plus 25 years in prison. On April 26, 2024, Castro filed a petition for recall and resentencing pursuant to section1172.1, subd. (a)(1) (formerly sections 1170, subdivision (d)(1) and 1170.03). He asked the trial court to recall and reduce his sentence based on his youth at the time of the offenses, his rehabilitation efforts while in custody, and other post-conviction factors. Attached to the petition, among other items, was a laudatory note about his participation in an Ironwood State Prison cancer awareness walk-a-thon fundraiser. On May 10, 2024, the trial court issued two orders on the petition. In the first signed order, the court stated: “Court has reviewed and considered Petitioner’s request under [Assembly Bill No. 600 and Penal Code section 1172.1]. No further action