People v. Alarcon CA2/4

Filed 1/22/26 P. v. Alarcon CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B344736

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA092630-01) v.

GONZALO ALARCON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Jacqueline H. Lewis, Judge. Dismissed. Megan Denkers Baca, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Gonzalo Alarcon appeals from the trial court’s order declining to resentence him under Penal Code section 1172.1.1 We conclude the order is not appealable and dismiss the appeal.

BACKGROUND In 2011, a jury convicted Alarcon of attempted murder (count 1; §§ 664, 187) and of shooting at an occupied vehicle (count 2; § 246). As to both counts, the jury found true Alarcon caused great bodily injury to the victim by personally and intentionally discharging a firearm. Prior to sentencing, the trial court found true allegations of a prior strike conviction (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)), a prior serious felony conviction (§ 667, subd. (a)), and a prior prison term (§ 667.5, subd. (b)). Alarcon was sentenced to a total term of 49 years to life. In January 2025, Alarcon filed a form request for recall of sentence and resentencing pursuant to Assembly Bill 600 and section 1172.1. The trial court issued an order stating that section 1172.1, subdivision (c) did not entitle a defendant to file a petition and that the court was “tak[ing] no further action.” Alarcon appealed. His appointed counsel filed a brief recognizing “similar orders” have been found nonappealable. Counsel raised no issues and requested we follow the procedures outlined in People v. Delgadillo (2022) 14 Cal.5th 216. Alarcon filed a supplemental brief asserting he was entitled to file the petition pursuant to Assembly Bill 2483 and section 1171 as