People v. Serrano CA4/1

Filed 12/16/25 P. v. Serrano CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D085240

Plaintiff and Respondent,

v. (Super. Ct. No. SCS319906)

JOSE ANGEL SERRANO,

Defendant and Appellant.

APPEAL from an order after judgment of the Superior Court of San Diego County, Enrique E. Camarena, Judge. Affirmed. Jose Angel Serrano, in pro per.; and Laura Vavakin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. INTRODUCTION Jose Angel Serrano appeals from the denial of his postconviction petition seeking resentencing. His appellate counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) and Serrano filed a supplemental brief. We have reviewed the issues raised in Serrano’s

supplemental brief and independently reviewed the record. We find no reasonably arguable appellate issues and affirm. FACTUAL AND PROCEDURAL BACKGROUND A. Plea, Sentencing, and Initial Appeal In November 2021, the district attorney charged Serrano with sodomy

by use of force (Pen. Code,1 § 286, subd. (c)(2)(A); count 1); two counts of forcible oral copulation (§ 287, subd. (c)(2)(A); counts 2 & 3); oral copulation of an unconscious person (§ 287, subd. (f); count 4); two counts of sexual penetration by use of force (§ 289, subd. (a)(1)(A); counts 5 & 6); sexual penetration of unconscious victim (§ 289, subd. (d); count 7); forcible rape (§ 261, subd. (a)(2); count 8); rape of an unconscious person (§ 261, subd. (a)(4); count 9.) The complaint also alleged that the victim was a minor 14 years and older (§ 286, subd. (c)(2)(C); count 1; § 287, subd. (c)(2)(C); counts 2–4; § 289, subd. (a)(1)(C); counts 5–7.) Counts 4, 7, and 9 included an enhancement that Serrano administered a controlled substance to the victim (§ 12022.75, subd. (b)(1).) In August 2022, Serrano pleaded guilty to counts 2, 3, 5, and 8. For counts 2, 3, and 5, Serrano admitted the enhancement regarding the victim’s age. For all counts, he admitted: (1) to the aggravating factor under California Rules of Court, rule 4.421(a)(3) that the victim was particularly vulnerable; (2) that the four counts were separate and different acts with the same victim for the purposes of section 667.6, subdivision (d); and (3) to the factual basis of the charges. The court accepted the plea and dismissed the balance of the charges. As part of the plea, the court agreed to strike the punishment on any