People v. Fregia CA1/1

Filed 2/24/26 P. v. Fregia CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A172860 v. MARK FREGIA, (Contra Costa County Super. Ct. No. 05000414300) Defendant and Appellant.

Defendant Mark Fregia poured gasoline on his former girlfriend and lit her on fire while they were in a car with their two-year-old son and the woman’s six-year-old daughter, resulting in both children’s deaths. In 2007, a jury convicted Fregia of two counts of first degree felony murder with multiple-murder, kidnapping, and mayhem special circumstances, as well as attempted voluntary manslaughter and other felonies. After the jury rejected the death penalty, he was sentenced to life in prison without the possibility of parole plus 59 years and four months. In 2010, this division affirmed the judgment in an unpublished opinion. (People v. Fregia (May 11, 2010, A121158) (Fregia).) In June 2023, Fregia filed a petition for resentencing under Penal Code1 section 1172.6, based on changes to the law of felony murder made by

1 All further statutory references are to the Penal Code.

Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill No. 1437). (See People v. Hin (2025) 17 Cal.5th 401, 441.) After an evidentiary hearing, the trial court denied the petition, finding that Fregia was still guilty of felony murder under current law as “the actual killer” of both children during an arson. (§§ 189, subd. (e)(1), 1172.6, subd. (d)(3).) Fregia now appeals from the denial of his petition for resentencing. His appointed appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216, 221–222 (Delgadillo) stating that there are no arguable issues. Under Delgadillo, we gave Fregia notice that he had a right to file a supplemental brief or his appeal could be dismissed. (See id. at pp. 231–232.) Fregia filed a supplemental brief raising numerous claims, including that he received ineffective assistance of appellate counsel and does not qualify as an actual killer.2 We reject all of his claims and affirm. I. FACTUAL AND PROCEDURAL BACKGROUND The underlying facts are drawn from the trial court’s summary of the trial evidence in its written order denying Fregia’s resentencing petition. In 2000, Fregia began dating Erin Weaver, who had a daughter, Devlin, from a previous relationship. Weaver soon became pregnant and gave birth to her and Fregia’s son, Daelin, in June 2001. Fregia was physically abusive, and Weaver ended the relationship when Daelin was about a year old.