People v. Bernal CA2/4

Filed 10/10/25 P. v. Bernal CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B340625 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. VA096966)

v.

ERIKA BERNAL,

Defendant and Appellant.

APPEAL from a postconviction order of the Superior Court of Los Angeles County, Roger T. Ito, Judge. Dismissed. Nancy Gaynor, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Erika Bernal appeals from a postconviction order denying her petition for resentencing under Penal Code section 1172.1.1 Appointed appellate counsel filed a brief raising no issues and requesting that we proceed under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Defendant has filed her own supplemental brief in which she argues for relief under section 1172.1. We dismiss the order as nonappealable.

BACKGROUND In 2007, defendant was convicted of murder (§ 187, subd. (a)) and causing the death of the same victim, a child under eight years old, following an assault (§ 273ab, subd. (a)). Defendant was sentenced to an overall term of 25 years to life. On July 10, 2024, defendant filed a form request for recall of sentence and resentencing pursuant to Assembly Bill No. 600 and section 1172.1. The following month, the trial court issued an in-chambers, off-the-record order providing: “The Petition is denied. The Petitioner is not eligible under” section 1172.1. Defendant appealed. Her appointed counsel filed a brief requesting this court independently review the record for error (see Delgadillo, supra, 14 Cal.5th at pp. 231–232). In her supplemental brief, defendant discusses her post-conviction efforts at rehabilitation.