People v. Pineda CA2/2

Filed 9/11/25 P. v. Pineda CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B337388

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. VA044236)

JOSE PINEDA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Roger T. Ito, Judge. Affirmed.

Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Idan Ivri, Supervising Deputy Attorney General, Lauren N. Guber, Deputy Attorney General, for Plaintiff and Respondent.

******

Defendant and appellant Jose Pineda (appellant) appeals from the trial court’s order denying his petition for resentencing under Penal Code section 1172.6 (former § 1170.95)1 without an evidentiary hearing. Because appellant is ineligible for relief as a matter of law, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND I. Facts2 On the night of August 19, 1997, witnesses saw Joaquin Colin run towards an apartment building and bang on the door to be admitted. Two men pursued him, one with a short-barreled rifle and the other with a handgun. Before shooting and killing the victim, the shooters said something like, “Where are you from, Puto?” The victim died of multiple gunshot wounds. Appellant was apprehended while hiding in a nearby backyard.