People v. Muniz CA2/3

Filed 9/30/25 P. v. Muniz 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B341318

Plaintiff and Respondent, Los Angeles County Super. Ct. No. KA072234 v.

LUIS MIGUEL MUNIZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Jacqueline Lewis, Judge. Dismissed. A. William Bartz, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ________________________

Appellant Luis Miguel Muniz appeals from the superior court’s order denying a petition to recall his sentence and resentence him 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 On January 22, 2007, a jury convicted Muniz of first degree murder of Gustavo Ramirez (§ 187, subd. (a); count 1), shooting from a motor vehicle (§ 12034, subd. (c);3 count 2), attempted murder of Hector Escamilla (§§ 187, subd. (a), 664, subd. (a); count 3), and attempted murder of Carlos Molinar (§§ 187, subd. (a), 664, subd. (a); count 4). As to each count, the jury found true firearm allegations for personal use, discharge, and discharge causing death or great bodily injury (§ 12022.53, subds. (b), (c), & (d)). On February 14, 2007, the trial court sentenced Muniz to 114 years to life in state prison.4

1 All further undesignated statutory references are to the Penal Code. 2 The Delgadillo procedures apply to appeals for orders denying postconviction relief under section 1172.1. (People v. Rosemond (2025) 108 Cal.App.5th 667, 673.) 3 On January 1, 2012, former section 12034, subdivision (c) was renumbered as section 26100, subdivision (c). 4 On June 19, 2020, the California Department of Corrections and Rehabilitation sent a letter to the superior court, noting that the abstract of judgment reflected an incorrect sentence of 100 years to life. On March 20, 2024, the superior