People v. Padilla CA2/3

Filed 3/27/26 P. v. Padilla CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B348222

Plaintiff and Respondent, Los Angeles County Super. Ct. No. v. XSEVA153246-01

DANIEL CARLOS PADILLA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Debra Cole-Hall, Judge. Affirmed.

Daniel Carlos Padilla, in pro. per.; and Larry Pizarro, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent. _________________________

MEMORANDUM OPINION1 Daniel Carlos Padilla appeals from the superior court’s order denying his petition for resentencing under Penal Code section 1172.6.2 His appellate counsel filed a brief under People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) and Padilla filed a supplemental brief. We have independently reviewed the contentions Padilla raises in his supplemental brief and conclude they are without merit. We affirm. In 2020, the People charged Padilla with the murder, on February 6, 2020, of Carlos Martinez. The People alleged both “personal” and “principal” firearm allegations as well as a gang allegation. On January 11, 2024, Padilla entered into a plea agreement with the prosecution. The prosecution moved to amend the information to add a count for voluntary manslaughter in violation of section 192, subdivision (a). The prosecution added a firearm allegation under section 12022.5, subdivision (a), a gang allegation under section 186.22, subdivision (b)(1)(C), and an aggravating factor allegation under California Rules of Court, rule 4.421(a)(1). Padilla pleaded no contest to the charge and admitted the firearm, gang, and rule 4.421(a)(1) allegations. The court sentenced Padilla in accordance with the plea agreement to 24 years in the state prison, calculated as the upper term of 11 years for the manslaughter, the low term of three years for the firearm enhancement, and 10 years for the gang enhancement.