People v. Evan CA4/1

Filed 8/29/25 P. v. Evan CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D084910

Plaintiff and Respondent,

v. (Super. Ct. No. CR119743)

JOSE FELIPE EVAN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Steven E. Stone, Judge. Affirmed. Jose Felipe Evan, in pro. per.; and Richard L. Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Jose Felipe Evan appeals an order denying his petition for resentencing

under Penal Code1 section 1172.6. His appellate counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Evan filed a supplemental brief. We have reviewed the record and issues raised in

1 Further undesignated statutory references are to the Penal Code.

Evan’s supplemental brief. (Id. at p. 232.) We conclude the issues identified by Evan are not relevant to his eligibility for relief under section 1172.6. We affirm the order denying his petition for resentencing under section 1172.6. In 1991, a jury convicted Evan of second degree murder (§ 187, subd. (a)); felon in possession of a firearm (§ 12021, subd. (a)); unlawful taking of a vehicle (Veh. Code § 10851, subd. (a)); receiving stolen property (§ 496.1); possession of a sawed-off shotgun (§ 12020, subd. (a)); and carrying a dirk or dagger (§ 12020, subd.(a)). The jury found true an allegation Evan personally used a firearm during the commission of the murder (§ 12022.5, subd. (a)). It also found Evan had suffered a prior serious felony conviction and a term of imprisonment (§§ 667, subd. (a); 667.5, subd. (b)). The court sentenced Evan to a total of 25 years to life for murder—which included enhancements for personally using a firearm and suffering a prior serious felony—plus 5 years 4 months for the remaining counts. On direct appeal, we struck Evan’s conviction for receiving stolen property because it was possible his convictions for unlawfully taking a vehicle and receiving stolen property resulted from the same act. We also reduced his prison term for unlawfully taking a vehicle from four years to three years because the statutory punishment for that crime was reduced before the judgment in his case became final. We affirmed the judgment in all other respects. (People v. Evan (June 8, 1993, D016002) [nonpub. opn.].) In 2024, Evan filed a petition for resentencing under section 1172.6, asserting he could not be convicted of murder under a presently lawful theory of liability. He requested appointment of counsel. The court appointed counsel and set a prima facie hearing. At the prima facie hearing, the court denied Evan’s petition. Evan appealed.