People v. Devora CA2/7

Filed 10/14/25 P. v. Devora CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B344641

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA177933) v.

JAVIER DEVORA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Renee Korn, Judge. Dismissed. Javier Devora, in pro. per.; Jeanine G. Strong, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Javier Devora appeals from the superior court’s order denying his petition for recall and resentencing under Penal Code section 1172.1.1 We appointed counsel to represent Devora on appeal. After reviewing the record counsel for Devora filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 that did not identify any arguable issues. After independently reviewing the record and the contentions in Devora’s supplemental brief, we have not identified any either. We dismiss the appeal as taken from a nonappealable order.

FACTUAL AND PROCEDURAL BACKGROUND

We described the factual background of this case in Devora’s direct appeal. (See People v. Devora (Nov. 20, 2000, B137932) [nonpub. opn.] (Devora).) One evening in September 1998 Weljandy Caraballo was fatally shot outside his mother’s apartment in East Los Angeles. Caraballo had been a member of a criminal street gang in Huntington Park. In his bedroom Caraballo had gang paraphernalia, and several gang members had visited him there. Devora was an active member of a different criminal street gang and had large gang tattoos on the back of his head, chest, and stomach. He lived five blocks from Caraballo. Shortly before the shooting a neighbor saw Caraballo sitting on the steps outside the apartment speaking with a man the neighbor later identified as Devora. At 11:00 p.m. on the evening of the murder Devora called Moninque Barela, the girlfriend of Devora’s friend and fellow gang member, Ernie Santana. Devora was looking for Santana,