People v. Ochoa CA4/3

Filed 11/20/25 P. v. Ochoa CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G065091

v. (Super. Ct. No. 10CF0100)

CHRISTOPHER RUDY OCHOA, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Andre Manssourian, Judge. Dismissed. Christopher Rudy Ochoa, in pro. per.; Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, and Tyler R. Krentz, Deputy Attorney General, for Plaintiff and Respondent.

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In 2016, Christopher Rudy Ochoa pleaded guilty to manslaughter and attempted murder with gang and firearm enhancements. The trial court imposed a negotiated sentence of 40 years in state prison. In 2024, Ochoa filed a purported motion to correct an alleged sentencing error. Ochoa cited Penal Code section 1172.1, and the Racial 1 Justice Act. The trial court denied Ochoa’s request for resentencing. (See § 1172.1, subd. (c) [a defendant “is not entitled to file a petition seeking relief from the trial court under this section”].) Ochoa filed an appeal. Appointed appellate counsel for Ochoa filed a brief raising no arguable issues. (See People v. Delgadillo (2022) 14 Cal.5th 216, 230 (Delgadillo).) Ochoa filed a supplemental brief on his own behalf. We asked the parties to address in additional supplemental briefing whether this court should dismiss Ochoa’s appeal. Both parties acknowledge that numerous appellate courts have held that a trial court’s denial of a defendant’s request for resentencing under section 1172.1 is not an appealable order. We agree with these appellate courts. Thus, we are dismissing Ochoa’s appeal.