People v. Sandoval CA6

Filed 1/28/26 P. v. Sandoval CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H052838 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC597299)

v.

JULIO SANDOVAL,

Defendant and Appellant.

In 2008, Julio Sandoval was convicted of one count of murder and two counts of assault with a deadly weapon, and then sentenced to 33 years to life in prison. In 2019 and again in 2023, Sandoval petitioned for resentencing under what is now Penal Code section 1172.6, but the trial court denied the petition. (Subsequent undesignated statutory references are to the Penal Code.) Sandoval appealed, and we appointed counsel to represent him. Counsel filed an opening brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), stating the case and the facts, but raising no issues and asking the court to review the record independently. In addition, Sandoval filed a supplemental brief asserting that he is eligible for relief under section 1172.6 on various grounds. Although we are not required to review the record independently on postconviction review (Delgadillo, at pp. 224- 231), we have reviewed the arguments raised in Sandoval’s brief. As explained below,

we conclude that there is no arguable issue for appeal and therefore affirm the order denying relief. I. BACKGROUND A. The Offenses In the early morning of July 2, 2005, Sandoval was at a nightclub with three companions. The four had a violent confrontation with a group of bouncers that escalated into a knife attack on the bouncers. One bouncer, Dario Arriola, died, and two others were seriously injured. Before the fight began, the bouncers had several repeated tense interactions with Sandoval in the club, as they asked him to keep on his shirt—which, importantly, was red—under the club dress code. In addition, Sandoval tried to dance with a woman, but she rebuffed him. After closing, Arriola, who was close with the woman, hugged and kissed her outside the club, near Sandoval. Sandoval asked the woman, “why are you with that punk?” As the club staff and patrons were leaving the parking lot, Sandoval’s group attacked the bouncers. The bouncers fought back, and one knocked Sandoval down. In response, Sandoval took off his shoe, and someone yelled that he had a knife. Sandoval’s group then chased the bouncers, sequentially isolating and attacking Arriola and two other bouncers. Arriola suffered six knife wounds, including a four-inch stab to the chest that punctured his aorta. On a knife recovered from a trash can near the scene, forensic investigators found Arriola’s blood on the blade and Sandoval’s blood on the handle. Police also recovered a red shirt, on which forensic analysis found Sandoval’s DNA. B. The Charges The prosecutor filed a complaint charging Sandoval and his three companions with the murder of Arriola (§ 187) and two counts of assault with a deadly weapon