People v. Avellaneda CA4/3

Filed 12/15/25 P. v. Avellaneda 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G064990

v. (Super. Ct. No. FVI018893)

ROSE AVELLANEDA, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of San Bernardino County, John P. Vander Feer, Judge. Affirmed. Michael C. Sampson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

Rose Avellaneda filed a petition for resentencing pursuant to 1 Penal Code section 1172.6. At the prima facie hearing on the petition, the trial court denied Avellaneda resentencing relief. Appointed counsel for Avellaneda filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 and requested this court conduct an independent review of the entire record. Avellaneda was given an opportunity to file a supplemental brief but did not do so. Exercising our discretion under People v. Delgadillo, supra, 14 Cal.5th at page 232, we examined the entire record and found no reasonably arguable issue. We therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND In 2007, a jury found Avellaneda guilty of solicitation of murder (§ 653f, subd. (b)), premeditated and deliberate attempted murder (§§ 664, 187, subd. (a)), and murder. On direct appeal to this court, Avellaneda’s attempted murder conviction was reversed and the judgment was affirmed as to the remaining counts. (People v. Avellaneda (May 26, 2010, G040609) [nonpub. opn.].) The trial court sentenced Avellaneda to a total term of 34 years in state prison. In 2024, Avellaneda filed a petition for resentencing pursuant to section 1172.6. Counsel was appointed. At the prima facie hearing on the petition, Avellaneda’s trial counsel argued before the court and both parties submitted on the record of conviction. After considering arguments by