People v. Pelaez CA2/1

Filed 8/26/20 P. v. Pelaez CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B303650

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA077659) v.

MARIA JESUS PELAEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Dorothy L. Shubin, Judge. Affirmed. Jonathan E. Demson, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Idan Ivri and Marc A. Kohm, Deputy Attorneys General, for Plaintiff and Respondent. ______________________

Appellant Maria Jesus Pelaez challenges the trial court’s summary denial of her Penal Code section 1170.951 petition for resentencing relating to a conviction for voluntary manslaughter. We affirm the trial court’s denial.

BACKGROUND The information charged Pelaez with murder (§ 187, subd. (a)), torture (§ 206), and assault on a child causing death (§ 273a, subd. (b).) As part of a plea agreement, these charges were dismissed, and Pelaez pleaded no contest to voluntary manslaughter (§ 192, subd. (a)) and two counts of child endangerment (§ 273a, subd. (a)) and admitted to death-of-the- victim enhancement allegations (§ 12022.95). The trial court sentenced Pelaez to 11 years for manslaughter plus 10 years and 8 months on the other counts and enhancements, for a total sentence of 21 years and 8 months. On December 5, 2019, Pelaez filed a petition for resentencing pursuant to section 1170.95, in which she requested counsel. On December 11, 2019, the trial court summarily denied the petition without appointing counsel or scheduling any briefing on the grounds that Pelaez was ineligible for resentencing because she was convicted of voluntary manslaughter, not murder. Pelaez timely filed a notice of appeal from the denial of her section 1170.95 petition.