People v. Herrera CA2/4

Filed 3/16/26 P. v. Herrera CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B345157

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA251578) v.

ROBERTO HERRERA,

Defendant and Appellant.

APPEAL from a post-judgment order of the Superior Court of the County of Los Angeles, H. Clay Jacke II, Judge. Affirmed. Janyce Keiko Imata Blair, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo), we review an order denying Roberto Herrera’s petition for resentencing under Penal Code section 1172.61 at the prima facie stage. After reviewing Herrera’s supplemental brief and the record of conviction, we affirm.

PROCEDURAL BACKGROUND A. Conviction, Sentencing, and Direct Appeal The following summary is drawn from the opinion in Herrera’s direct appeal.2 (People v. Herrera (Oct. 6, 2005, B177129) [nonpub. opn.] (Herrera I).) In 2004, a jury convicted Herrera of the first degree murder of Stevie Jones. (Id. at p. 2.) The jury found true the special allegations that he personally used and intentionally discharged a firearm, causing great bodily injury and death. (Ibid.; § 12022.53, subds. (b), (c), (d).) Herrera was sentenced to 61 years to life in prison. (Ibid.) On direct appeal, Herrera raised only two claims of error, both pertaining to sentencing enhancements. (Herrera I, supra. at p. 3.) The People conceded the errors, and the appellate court modified the judgment by striking the enhancements. (Id. at p. 4.)