People v. Itehua CA2/2

Filed 3/11/26 P. v. Itehua CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B338674 Plaintiff and Respondent, (Los Angeles County v. Super. Ct. No. XSEVA128373)

ISRAEL LORENZO ITEHUA, Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Andrew C. Kim, Judge. Affirmed. Nancy Haydt, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and Nima Razfar, Deputy Attorneys General, for Plaintiff and Respondent. _______________________

Israel Lorenzo Itehua appeals the trial court’s summary denial of his Penal Code section 1172.61 petition for resentencing. He argues the court erred in denying the petition without appointing counsel to represent him. Although we agree that was error, Itehua has failed to show he suffered any resulting prejudice. Thus, we affirm. FACTUAL AND PROCEDURAL BACKGROUND We quote facts from our 2016 opinion addressing Itehua’s direct appeal from his underlying conviction solely to provide context for this case. (People v. Itehua (June 30, 2016, B265575) [nonpub. opn.] (Itehua).) “[Itehua] is a member of the 18th Street gang. In November 2012, [Itehua] and two other gang members, [codefendants Jeremy Harris and Isaac Garcia,] approached an apartment complex during a child’s birthday party. When one of the attendees told them that children were present, one of [Itehua’s] cohorts told her, ‘I don’t give a fuck, bitch. . . . We’re from 18th Street,’ and punched her in the face. A few moments later, [Itehua] pulled out a gun and opened fire on the attendee’s adult sister; one of the bullets permanently paralyzed her from the chest down. As [Itehua] and the others fled, [Itehua] shot a homeless man who was in front of the apartment complex four times.” (Itehua, supra, B265575.) In 2014, Itehua and his codefendants were charged with two counts of premeditated attempted murder (§§ 187, subd. (a), 664; counts 1 & 2). In count 1, it was alleged Itehua and his codefendants personally inflicted great bodily injury upon the party attendee. (See § 12022.7, subd. (b).) As to both counts, it