People v. Zavala CA2/1

Filed 9/11/25 P. v. Zavala CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B337459

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. XSCMA022420) v.

OMAR ALEJANDRO ZAVALA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Emily J. Cole, Judge. Dismissed. Megan Denkers Baca, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

Defendant Omar Alejandro Zavala appeals from an order denying his request to recall his sentence pursuant to Penal Code section 1172.1.1 Defendant’s appointed appellate counsel filed a brief identifying no issue and requesting this court follow the procedures in People v. Delgadillo (2022) 14 Cal.5th 216. Defendant filed a supplemental brief arguing he meets the prima facie requirements for section 1172.1 and his appointed appellate counsel abandoned him. We conclude the order denying his request to recall his sentence pursuant to section 1172.1 is a nonappealable order and dismiss the appeal.

BACKGROUND This is defendant’s third appeal. A jury convicted defendant in February 2002 of willful, deliberate, and premeditated attempted murder and assault with a firearm and found true that he used a firearm and discharged a firearm in connection with the attempted murder, inflicted great bodily injury and committed these offenses to benefit a street gang. In a bifurcated court trial, the court found defendant had a serious or violent felony—a robbery—within the meaning of the “Three Strikes” law2 and that the robbery was a prior serious felony within the meaning of section 667, subdivision (a)(1), and a one-year prison prior within the meaning of section 667.5, subdivision (b). On appeal from the judgment of conviction, defendant claimed among and other errors, insufficient evidence to support the attempted murder conviction. On appeal, we