People v. Saechao CA3

Filed 11/6/25 P. v. Saechao CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C102229

Plaintiff and Respondent, (Super. Ct. No. 18FE011662)

v.

OU SIO SAECHAO,

Defendant and Appellant.

In 2019, a jury found defendant Ou Sio Saechao guilty of attempted murder, assault with a deadly weapon, and being a felon in possession of a firearm. The trial court sentenced defendant to a term of 23 years in prison. In 2024, the trial court denied defendant’s petition for resentencing filed pursuant to Penal Code1 section 1172.6, ruling defendant was ineligible for relief as a matter of law.

1 Undesignated statutory references are to the Penal Code.

1

Appointed counsel for defendant asked this court to independently review the record pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) to determine whether there any arguable issues on appeal. Defendant has filed a supplemental brief. FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged with willful and deliberate attempted murder, assault with a deadly weapon, and being a felon in possession of a firearm. As to the attempted murder, the information alleged multiple enhancements for personal use and discharge of a firearm under sections 12022.53, subdivisions (a) through (d) and 12022.5, subdivision (a), and, as to the assault with a deadly weapon, personal use of a firearm within the meaning of section 12022.5, subdivisions (a) and (d). The information also alleged defendant suffered a prior serious felony conviction and a prior strike conviction. In November 2019, the jury found defendant guilty of attempted murder. The jury further found true defendant personally used and personally and intentionally discharged a firearm. (§§ 12022.5, subd. (a), 12022.53, subds. (b), (c).) The jury found defendant guilty of assault with a deadly weapon and found true he personally used a firearm. (§ 12022.5, subds. (a), (d).) Finally, the jury found defendant guilty of being a felon in possession of a firearm. In sentencing defendant to 23 years in prison, the trial court found the prior conviction true and denied defendant’s request to dismiss the prior strike conviction under People v. Superior Court (Romero) (1996) 13 Cal.4th 497. On the other hand, the court struck the section 12022.53 firearm enhancements, leaving intact the section 12022.5 firearm enhancements attached to defendant’s attempted murder and assault with a deadly weapon convictions. The trial court sentenced defendant to the middle term of seven years, doubled to 14 years by the strike on the attempted murder count, plus the middle term of four years on the use of a firearm enhancement. On the assault with a deadly weapon charge, the court sentenced defendant to the middle term of three years and the middle term of four years on the use of a firearm enhancement, stayed