People v. Cortez CA2/3

Filed 8/20/25 P. v. Cortez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B338220

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA039052) v.

SALVADOR CORTEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Pat Connolly, Judge. Dismissed. Jennifer Peabody and Olivia Meme, under appointments by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Appellant Salvador Cortez appeals from the superior court’s order denying a request for recall of his 2003 sentence and resentencing under Penal Code section 1172.1.1 Appellate counsel asks us to follow the procedures outlined in People v. Delgadillo (2022) 14 Cal.5th 216.2 Because we conclude the superior court’s order is not appealable, we dismiss the appeal. BACKGROUND In 2003, Cortez was convicted of first degree murder (§ 187, subd. (a); count 1), attempted premeditated murder (§§ 187, subd. (a), 664, subd. (a); count 2), and assault with a firearm (§ 245, subd. (a)(2); count 3). As to counts 1 and 2, the jury also found true the allegations for personal use of a firearm, discharge of a firearm, and discharge of a firearm causing great bodily injury or death (§ 12022.53, subds. (b)–(d)). As to counts 2 and 3, the jury found that Cortez personally inflicted great bodily injury (§ 12022.7, subd. (a)). As to count 3, the jury also found that he personally used a firearm (§ 12022.5, former subd. (a)(1)). The trial court sentenced Cortez to 105 years to life in state prison. This court affirmed the convictions on direct appeal. (People v. Cortez (Oct. 21, 2004, B168983) [nonpub. opn.].) On February 1, 2024, Cortez filed a request for recall of his sentence and resentencing under section 1172.1. He cited sentencing laws that had changed since his original sentencing, including those found in sections 667, 1385, 1170, and 1170.1.