People v. Mendez CA6

Filed 1/14/26 P. v. Mendez CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H053441 (Santa Clara County Plaintiff and Respondent, Super. Ct. Nos. 118369, 130938)

v.

GUILLERMO ENRIQUE MENDEZ,

Defendant and Appellant.

Defendant Guillermo Enrique Mendez appeals from an order denying his petition for resentencing pursuant to Assembly Bill No. 2483 (2023-2024 Reg. Sess.) (Assembly Bill 2483) and Penal Code section 1171.1 Appellate counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), and Mendez filed a supplemental brief. We conclude the supplemental brief fails to raise an arguable issue on appeal and therefore, we affirm the order. I. PROCEDURAL BACKGROUND In December 1987, Mendez pled guilty in case number 118369 to one count of second degree robbery (§ 211, former § 212.5, subd. (b)). Pursuant to the stipulated plea agreement, the trial court sentenced Mendez to a two-year prison term for second degree robbery.

1 Subsequent statutory references are to the Penal Code unless otherwise indicated.

In August 1989, Mendez pled guilty in case number 130938 to five counts of arson of an inhabited structure (§ 451, subd. (b)), one count of arson of a structure or forest land (§ 451, subd. (c)), and three counts of arson of property (§ 451, subd. (d)). Mendez also admitted a prior prison term enhancement (§ 667.5, subd. (b)). The trial court imposed an aggregate determinate term of 11 years in prison consisting of: eight years for arson of an inhabited structure, consecutive to one year and four months for arson of a structure or forest land and eight months for one count of arson of property, plus one year for the prior prison term enhancement; the remaining terms were imposed concurrently. In October 2000, Mendez pled guilty in San Joaquin County to two counts of first degree residential robbery (§ 211), five counts of false imprisonment by violence (§ 236), two counts of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)), one count of receiving stolen property (§ 496, subd. (a)), and one count of unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)). He also admitted seven enhancements for personal use of a firearm (§§ 12022.53, subd. (b), 12022.5), two prior conviction enhancements (§ 667, subd. (a)), and two strikes (§§ 667, subds. (b)-(i), 1170.12). The trial court sentenced Mendez to an aggregate determinate term of 68 years in prison. In January 2025, Mendez submitted a pre-printed form requesting recall of his sentence and resentencing pursuant to Assembly Bill 2483 and section 1171.2 Acting pro se, Mendez checked every listed box for statutory relief in the form3 and indicated he was