People v. Jace CA2/3

California Court of Appeal Aug 5, 2025 No. B337672Unpublished

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Holding. The court held that the defendant was ineligible for resentencing under Penal Code section 1172.6 because the record of conviction established that he was the actual killer and the sole participant in the crime.

Issues

Whether the trial court erred in denying the defendant's petition for resentencing under Penal Code section 1172.6 for failure to establish a prima facie case.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The record of conviction establishes Jace is not entitled to relief as a matter of law.”

“Accordingly, the trial court correctly ruled Jace did not establish a prima facie case for relief.”

Filed 8/5/25 P. v. Jace CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B337672

Plaintiff and Respondent, Los Angeles County Super. Ct. No. XCNBA424932 v.

MICHAEL ANDREW JACE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, H. Clay Jacke II, Judge. Affirmed.

Michael Andrew Jace, in pro. per.; Allen G. Weinberg, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. _________________________

Under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), we review this appeal of an order denying a petition for resentencing under Penal Code section 1172.6.1 We affirm. BACKGROUND2 On May 19, 2014, Michael Andrew Jace shot and killed his wife April. Their sons, then ages eight and five, were in the home at the time. The eight-year-old testified at trial that he saw Jace pull April by her arm into the hallway, where she fell to the floor. The child continued, “ ‘And then my dad said, “If you like running,[3] then run to heaven.” And then he shot her.’ ” April died of multiple gunshot wounds. One bullet entered her middle back and came out on the right side of her chest. (Jace I.) The People charged Jace with April’s murder. The People also alleged Jace had personally discharged a firearm causing April’s death. A jury convicted Jace of second degree murder and found the firearm enhancement allegation true. The trial court sentenced Jace to 40 years to life in the state prison. Another panel of this court affirmed Jace’s conviction. (Jace I.) In October 2023, the trial court received a petition from Jace for resentencing under section 1172.6. The petition consisted of a one-page check-the-box form. The court appointed

People v. Jace CA2/3

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B337672

MICHAEL ANDREW JACE,

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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

EGERTON, J.

EDMON, P. J.

ADAMS, J.

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