People v. Delgado CA2/4

Filed 3/10/26 P. v. Delgado CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, B337967

Plaintiff and Respondent, Los Angeles County Super. Ct. No. VA148234 v.

IVAN DELGADO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Andrew C. Kim, Judge. Affirmed and remanded with directions. Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Stacy Schwartz and Colleen M. Tiedemann, Deputy Attorneys General, for Plaintiff and Respondent.

After a preliminary hearing, appellant Ivan Delgado pleaded no contest to attempted murder (Pen. Code,1 §§ 664, 187 subd. (a)) and admitted that he personally used a firearm in the commission of the offense (§ 12022.5, subd. (a)). Delgado subsequently filed a petition in the trial court under section 1172.6, which provides relief for certain individuals convicted of attempted murder under the natural and probable consequences doctrine. The trial court denied the petition based on testimony at the preliminary hearing. On appeal, Delgado argues that the trial court erroneously relied on hearsay testimony at the preliminary hearing in determining that he is prima facie ineligible for relief under section 1172.6, subdivision (c). We reject this argument and affirm. BACKGROUND At Delgado’s preliminary hearing, the victim of the attempted murder did not testify, but an investigating officer testified that he interviewed the victim, who informed him that Delgado asked him “where are you from,” then fired several gunshots at him, and one shot hit him in the arm.2 In 2019, after the preliminary hearing, Delgado pled no contest to the attempted murder charge. The trial court then convicted Delgado and sentenced him to 12 years in state prison.

1 All undesignated statutory references are to the Penal Code. 2 The officer testified that “where are you from?” is a typical challenge issued by gang members before shooting at someone to place rival gang members or the general community in fear.