People v. Burgos CA2/2

Filed 3/10/26 P. v. Burgos CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B346620

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA090456) v.

DANIEL A. BURGOS,

Defendant and Appellant.

THE COURT:

Defendant and appellant Daniel A. Burgos (defendant) appeals from a postconviction order denying his request for resentencing pursuant to Penal Code1 section 1172.1. Defendant’s appointed counsel identified no arguable issues and filed a brief requesting we exercise our discretion to conduct an

1 All further undesignated statutory references are to the Penal Code.

independent review of the record as set forth in People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Defendant filed a supplemental brief. We conclude the order at issue is not an appealable order and dismiss the appeal.

BACKGROUND In 2018, defendant was charged with one count of willful, deliberate, and premeditated attempted murder (§§ 664/187; count 1) and one count of being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 2). As to count 1, the People alleged defendant used a firearm during the commission of the offense within the meaning of section 12022.53, subdivisions (b), (c), (d), and (e)(1). As to counts 1 and 2, the People alleged defendant committed the offense for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1)(C). Finally, the People alleged defendant suffered a prior serious felony conviction within the meaning of section 667, subdivision (a)(1) and a prior strike conviction pursuant to the “Three Strikes” law (§§ 667, subds. (b)–(j), 1170.12). In 2021, defendant accepted a negotiated disposition wherein he pleaded no contest to count 1 and admitted a firearm allegation pursuant to section 12022.5, subdivision (a) and a great bodily injury allegation pursuant to section 12022.7, subdivision (a).2 He also admitted he suffered a prior strike conviction. Defendant was sentenced to an aggregate term of 22 years comprised of nine years in count 1, doubled to 18 years as a